In North Carolina, assault charges are usually broken down into two groups; felony and misdemeanor assaults. One of the most serious misdemeanor assault charges is Assault on a female, more commonly called “AoF”. There are two ways a person can be charged with assault on a female, the first way is the traditional officer charged case. This is where the police respond to a call for service or witness an incident taking place, and they charge the aggressor with assault on a female. The second way that a person can be charged is through North Carolina’s private warrant system. This is where another private citizen goes to a magistrate and takes out a warrant for assault on a female. It is important to tell your attorney which of these describes your case because it can often change much of the process moving forward.
The charge of assault on a female is a variant of the misdemeanor assault, sharing many of the same elements with some important additions. The first element of assault on a female is the assault itself. This element is shared with simple assault as well as many other misdemeanor assault charges. The second element is one that is very important and requires that the defendant must be a male who is at least 18 years of age or older. Finally, the victim in an assault on a female case must be a female. It is of merit to know that while these characteristics often describe domestic situations, not all domestic violence assaults can be charged as assault on a female. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence.
Assault on a female is punished as a class A1 misdemeanor. This is important because no matter what your prior criminal record looks like, you can be sentenced to an active term, meaning you can be sent to jail. A1 misdemeanors in North Carolina carry up to a 150-day jail sentence. A judge does not have to sentence you to jail time in this instance, and they are also allowed to issue a cost and fine, or sentence you to probation, either supervised or unsupervised. While an assault on a female conviction also carries these punishments, there are often hidden punishments that may arise later in life. For instance, a conviction of assault on a female currently makes the defendant permanently ineligible for a concealed handgun permit.
If you have been charged with assault on a female or have questions about a pending charge or recent conviction please contact Jetton & Meredith to set up a consultation with our knowledgeable attorneys.