Charlotte Assault Lawyer

North Carolina aggressively prosecutes individuals accused of assault, a crime that involves intentionally causing or attempting to cause harm to another person. Assault charges can range from simple threats to serious physical attacks, and the penalties vary depending on the severity of the alleged offense.

If you or a loved one has been charged with assault in Charlotte or anywhere in North Carolina, the experienced criminal defense lawyers at Jetton & Meredith can help. Assault convictions can lead to jail time, fines, and long-term consequences, including difficulty finding employment. We offer consultations on evenings and weekends in our office or even at the jail.

Facing an assault charge? Don't wait—contact us today at (704) 931-5535 for a consultation with an experienced attorney.

What Is Assault in North Carolina?

In North Carolina, assault charges fall into different categories, including:

• Simple assault – Attempting to physically harm someone or causing them to fear immediate harm.
• Assault & battery – Making physical contact that results in harm, injury, or offensive touching.
• Aggravated assault – Assault that involves serious injury, a deadly weapon, or intent to kill.
• Assault on a female – A separate charge in NC, applying when a male over 18 assaults a female.
• Assault with a deadly weapon – Using or threatening to use a firearm, knife, or other weapon.

Penalties for Assault in North Carolina

Assault charges can lead to misdemeanor or felony convictions, depending on the circumstances. Possible penalties include:

• Class 2 misdemeanor (Simple Assault) – Up to 60 days in jail and fines.
• Class A1 misdemeanor (Assault on a Female, Assault with Serious Injury) – Up to 150 days in jail.
• Felony assault (Assault with a Deadly Weapon, Intent to Kill, or Inflicting Serious Injury) – Prison time ranging from months to years, depending on the case.

Defenses Against Assault Charges

Being charged with assault does not mean you are guilty. Several strong defenses may apply to your case, including:

• Self-defense – You acted to protect yourself or someone else from harm.
• Lack of intent – The alleged assault was accidental, not intentional.
• False allegations – The accusation is exaggerated or completely false.
• Insufficient evidence – The prosecution lacks proof beyond a reasonable doubt.

Types of Evidence in Assault Cases

In assault cases, different types of evidence are used to build or defend a case. Each piece of evidence can have a significant impact on the outcome of the trial. Here are some common types:

• Witness Testimony
  Eyewitnesses who saw the incident can be crucial. Their testimony may support or contradict the accusations, helping establish what actually happened.
• Medical Records
  If the victim was injured, medical records can show the extent of the harm. These documents are often used to prove that an assault occurred and to demonstrate the severity of injuries.
• Surveillance Footage
  Video evidence from nearby cameras (e.g., security footage or phone recordings) can provide clear visuals of the event. It helps establish whether the assault happened as alleged.
• Police Reports
  Police officers document the details of an arrest and investigation. These reports can contain crucial facts about the scene of the incident, statements from the accused, and other key information that could strengthen the case.

Each type of evidence can either support or weaken the allegations, making it important for a defense attorney to thoroughly examine every aspect.

Difference Between Assault and Battery

While the terms "assault" and "battery" are often used interchangeably, they are distinct in North Carolina law.

• Assault
  In North Carolina, assault refers to an attempt or threat to cause harm. It doesn’t require physical contact but focuses on the fear or intention to cause injury.
• Battery
  Battery involves actual physical contact. It occurs when one person intentionally makes harmful or offensive contact with another, resulting in injury or harm.

Understanding the difference is important for both prosecutors and defense attorneys, as they impact the severity of charges and possible penalties.

Role of Intent in Assault Charges

Intent plays a crucial role in assault cases and directly affects the severity of the charge. Here’s how:

• Intent to Cause Harm
  If someone intends to hurt another person, the charge is usually more severe. Aggravated assault, for example, often involves intent to cause serious injury or death.
• Accidental Harm
  If harm was caused unintentionally, it may result in a less severe charge. For example, simple assault can apply if the harm was not planned or meant to cause injury.

The prosecution will often try to prove intent, while the defense may argue lack of intent to reduce the severity of the charge.

Frequently Asked Questions (FAQ)

Can I be charged with assault if no one was physically injured?

• Yes, you can still be charged with assault even if no physical injuries occurred. In North Carolina, simple assault includes threatening or attempting to harm someone, even if no physical contact was made.

What is the difference between simple assault and aggravated assault?

• Simple assault typically involves minor harm or the threat of harm, while aggravated assault involves more serious factors, such as using a deadly weapon or causing severe injuries. Aggravated assault carries more severe penalties than simple assault.

What should I do if I’m falsely accused of assault?

• If you are falsely accused, it’s crucial to remain calm and avoid engaging in any arguments or confrontations. Contact an experienced criminal defense attorney immediately to discuss your case and begin gathering evidence to refute the accusations.

How can I prove self-defense in an assault case?

• To claim self-defense, you must show that you were protecting yourself or others from imminent harm. The use of force must be reasonable and proportionate to the threat. Your attorney can help gather evidence, such as witness testimony or surveillance footage, to support your claim.

How does an assault charge affect my criminal record?

• An assault conviction can have serious long-term consequences, such as a permanent criminal record, which could affect your employment prospects, housing, and other aspects of your life. In some cases, it might be possible to have the record expunged if the charge is dismissed or if you are acquitted.

What happens if I’m charged with assault and battery?

• Assault and battery are two separate charges, and both can be brought together in a case. If you are charged with both, the penalties can increase, especially if the injuries caused by the battery are severe. Your attorney will assess the specifics of your case to determine the best defense strategy.

Can an assault conviction lead to jail time?

• Yes, depending on the severity of the assault and the type of charge, you could face jail time. Misdemeanor charges may result in shorter sentences, while felony charges, like aggravated assault, could lead to longer prison sentences.

Why You Need a Criminal Defense Attorney

An assault conviction can have lasting effects on your freedom, reputation, and future opportunities. At Jetton & Meredith, our criminal defense attorneys have extensive experience handling assault cases and fighting for the best possible outcome for our clients.

Contact a Charlotte Assault Lawyer Today

If you have been accused of assault in North Carolina, do not face the legal system alone. We are available for consultations day or night and will fight to protect your rights.

Need help with your assault case? Contact us now at (704) 931-5535 and let our skilled lawyers fight for your rights.