What Are the Different Types of Assault Charges?

Whether an assault involves a child, a female, or a government official, North Carolina takes assault charges seriously. However, there are varying degrees of severity depending on the nature of the crime. These charges can profoundly impact your life, from hefty fines to potential jail time. 

Understanding the different types of assault charges in NC is the first step toward ensuring you’re prepared if you find yourself in this situation. But what are the charges for assault? Let’s explore the six common types of assault charges in NC and the legal consequences associated with each.

If you’re facing assault charges, contact our Carteret County assault defense lawyers today.

A Note About Types of Assault Charges in NC

The state divides the charge into different types of assault based on the circumstances involved, including:

• Whether a woman, a child, or a government official is the victim;
• Whether a firearm or other deadly weapon was involved; and
• Whether serious bodily injury or death occurs. 

Other factors may be considered when determining the type of charge you face. 

What Is Simple Assault?

In North Carolina, simple assault involves attempting to harm someone or making them fear immediate injury. Even without actual physical contact, actions like raising a fist or threatening violence can result in a simple assault charge. 

The law classifies this as a Class 2 misdemeanor, which can lead to up to 60 days in jail and fines—especially for those with prior offenses. Don’t let the term “simple” mislead you, as this charge can still disrupt your personal life, affecting your reputation, job, and future.

If convicted, you could face probation or community service. The criminal record created from these charges could also potentially limit future opportunities.

Assault with a Deadly Weapon

Using or threatening to use a weapon, like a knife or gun, elevates the charge to assault with a deadly weapon (ADW). You don’t need to harm someone physically to face this charge; just showing intent can be enough.

ADW is a Class A1 misdemeanor in North Carolina, with penalties depending on the injury caused. If the assault with a deadly weapon involved intent to kill or resulted in serious injury, you could be looking at a felony and years in prison.

Class A1 misdemeanors can result in up to 150 days in jail and a fine to be determined by the court. A felony conviction can result in prison sentences ranging from 44 to 231 months, depending on the case’s severity and your prior record.

Assault on a Female

North Carolina treats assaults on women as severe offenses. Assault on a female occurs when a male aged 18 or older assaults a female. This charge is specific to gender, and North Carolina law imposes harsher penalties in these cases.

Charged as a Class A1 misdemeanor, this offense can result in up to 150 days of incarceration, particularly if you have prior convictions or aggravating circumstances. A sentence may also involve fines and mandatory participation in rehabilitation programs or anger management courses.

Assault on a Government Official

Assaulting a police officer or other government official while they’re performing their duties can lead to a Class F felony charge. Whether during a routine traffic stop or another government interaction, any form of threat or physical violence qualifies.

The law views these cases seriously, aiming to protect public officials. Penalties can range from 10 to 41 months in prison, making this one of the more severe assault charges in the state. The long-term impact on your life can be significant.

Aggravated Assault

Aggravated assault involves more severe elements, like using a deadly weapon or causing life-threatening injuries. This charge is a felony, often leading to lengthy prison sentences.

The severity of the punishment depends on the harm caused, the weapon used, and whether there was intent to kill. Multiple assailants or repeat offenses can also increase the penalties.

Depending on the specific circumstances, prison time can range from several years to decades. Fines and restitution to the victim are also common penalties.

Assault on a Child

Assaulting a child under 12 is a Class A1 misdemeanor in North Carolina. If serious harm occurs or a weapon is involved, the charge may escalate to a felony. When deciding on the punishment, the court considers the relationship between the assailant and the child.

A conviction can lead to substantial jail time and, in some cases, loss of child custody or visitation rights.

Protect Your Rights with Tetterton Law Firm, PLLC

Assault charges in North Carolina range from misdemeanors to serious felonies, each carrying heavy penalties that can alter your life. If you or a loved one is facing an assault charge, it’s essential to secure expert legal representation immediately. The consequences of a conviction can be severe, affecting your freedom, reputation, and future.

At Tetterton Law Firm, PLLC, we understand the stress and uncertainty of having the government charge you with a crime. With years of experience in North Carolina criminal defense, our dedicated team is here to fight for your rights, offering personalized strategies to achieve the best possible outcome. 

Contact us today for a consultation and take the first step in securing your defense.

Resources:

• North Carolina General Statutes § 14-33, link
• North Carolina General Statutes § 15A-1340.23, link.
• Criminal Cases. North Carolina Judicial Branch, link
• Abuse, Neglect, and Dependency. North Carolina Judicial Branch, link