North Carolina Criminal Defense Attorney

Assault charges in North Carolina can be classified as misdemeanors or felonies. Unlike many other states, North Carolina law recognizes various assault offenses, each with distinct elements and penalties. Whether a case is charged as a misdemeanor or felony often depends on the alleged injuries, the type of force used, the relationship between the parties, and whether a weapon was involved. However, even a misdemeanor assault conviction can result in jail time, probation, fines, firearm restrictions, and a permanent criminal record.

Assault charges may arise from:

• · Physical violence or unwanted physical contact.
• · Attempted violence or acts placing another person in fear of injury.
• · Use of a deadly weapon.
• · Assaults involving spouses, dating partners, children, or household members.
• · Assaults against law enforcement officers or government officials.
• Common North Carolina assault charges include:
• · Simple Assault (N.C.G.S. § 14-33)
• · Simple Affray (N.C.G.S. § 14-33)
• · Assault on a Female (N.C.G.S. § 14-33(c)(2))
• · Assault by Pointing a Gun (N.C.G.S. § 14-34)
• · Assault Inflicting Serious Injury (N.C.G.S. § 14-33(c)(1))
• · Misdemeanor Assault with a Deadly Weapon (AWDW) (N.C.G.S. § 14-33(c)(1))
• · Felony Assault with a Deadly Weapon (AWDW) (N.C.G.S. § 14-32)
• · Assault with a Deadly Weapon Inflicting Serious Injury (AWDWISI) (N.C.G.S. § 14-32(b))
• · Assault with a Deadly Weapon with Intent to Kill (AWDW Intent to Kill) (N.C.G.S. § 14-32(c))
• · Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury (AWDWIKISI) (N.C.G.S. § 14-32(a))

Assault investigations frequently rely on witness credibility and physical evidence. Common forms of evidence in assault cases include: witness statements, 911 calls and dispatch recordings, body camera footage, surveillance video, photographs of injuries, medical records, text messages and social media communications, and physical evidence from the scene. Notably, injuries alone do not always establish how an altercation began or whether actions were legally justified.

Although every assault case is different, there are several legal defenses that may be available. The most common assault defenses include self-defense and defense of others.

North Carolina law recognizes the right to defend yourself or others under certain circumstances. See N.C.G.S. § 14-51.3. North Carolina also recognizes certain “Stand Your Ground” and “Castle Doctrine” protections in limited circumstances involving homes, workplaces, and occupied vehicles. However, the legality of self-defense depends heavily on the facts of each case.

An experienced criminal defense attorney can review the evidence, evaluate possible defenses, and determine the best strategy for protecting your rights and minimizing the consequences of an assault charge.