When Simple Assault can be a Class 2 Misdemeanor
Generally, an assault charge in North Carolina will be a misdemeanor charge. Pursuant to N.C. Gen. Stat. § 14-33, any person who commits a simple assault is guilty of a Class 2 Misdemeanor. A Class 2 Misdemeanor is the second lowest Misdemeanor in North Carolina. But, this charge is still very serious and can create a lifetime of consequences.
When Simple Assault can be a Class 1 Misdemeanor
Any person who commits any assault will be guilty of a Class 1 Misdemeanor if he or she commits an assault against a sports official when the sports official is discharging his duties at a sporting event or immediately thereafter. A Class 1 Misdemeanor is a higher level misdemeanor than a Class 2 and will carry a much heavier punishment.
When Simple Assault can be a Class A1 Misdemeanor
Any person who commits an assault is guilty of a Class A1 Misdemeanor if he or she:
- inflicts serious injury upon another person or uses a deadly weapon;
- a male at least 18 years of age assaults a female;
- assault on a child under the age of 12;
- assaults an officer of the State; or
- assaults a school employee while discharging his or her duties.
Punishment for Simple Assault
The punishment for a Simple Assault charge in North Carolina ranges drastically depending on the number of prior convictions that a person has acquired. If this is your very first charge, you will likely be able to slide by with court costs and fines with a possibility of unsupervised probation. However, if you have numerous prior convictions, a Simple Assault charge could leave you facing supervised probation or even active jail time. Clikc here
to learn about sentencing guidelines for misdemeanors.
It is extremely important to hire an attorney to assist in your matter, as violent crimes can stay on a person's record for his or her lifetime. HIRE HALL & DIXON
Hall & Dixon's criminal defense attorneys are skilled at negotiating with the District Attorney to ensure that a Simple Assault charge will not leave you will everlasting consequences. Our dedicated team of criminal attorneys will review the charge and facts of the case and fight to protect your rights! Call or text 704-993-6825 for a FREE
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