How to Beat a Simple Assault Charge in North Carolina

Facing a simple assault charge in North Carolina can be daunting, but understanding the legal process and potential defenses can help. Here are key strategies to consider for simple assault that our assault lawyers will cover more in depth below:

1. Understand the Charge: Simple assault in North Carolina involves unlawfully assaulting another person though the term assault is not readily defined. Attempting to cause physical harm or causing harm could both apply and it’s important to know the specifics of the charge against you.
2. Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage, or photographs. This can help establish your version of events.
3. Self-Defense: If you acted in self-defense, this can be a valid legal defense. Demonstrating that you believed you were in imminent danger and used reasonable force to protect yourself can be crucial.
4. Lack of Intent: Proving that there was no intent to harm the other person can be a defense. If the act was accidental, it might not meet the legal definition of assault.
5. Alibi: If you were not present at the scene, providing an alibi with credible witnesses or evidence can help dismiss the charges.
6. Legal Representation: Hiring an experienced attorney who understands North Carolina’s assault laws can significantly impact the outcome. They can navigate the legal system and advocate on your behalf.
7. Negotiation and Plea Bargains: Sometimes, negotiating a plea bargain for a lesser charge or reduced sentence might be in your best interest.

Understanding these strategies and working closely with legal counsel can improve your chances of successfully defending against a simple assault charge in North Carolina. Let’s work through the nuances of how to beat a simple assault charge in NC so you’re better equipped to understand the process and the steps to follow.

Can Simple Assault Charges Be Dropped?

It depends. The court will analyze each case independently based on the circumstances surrounding it and the criminal history of the offending party. North Carolina General Statute 14-33 refers to Simple Assault as Simply Assaulting someone.

The District Attorneys Office has the ability to dismiss simple assault charges, however there are considerations, such as was it a domestic assault that must be taken into consideration prior to dropping any charges.

In North Carolina, a judge will determine whether it’s possible to drop any charges on a simple assault case using three elements.

1. The first one is intent. Intent refers to the nature of the assault and if there were serious threats involved during the assault.
2. The next element is reasonable apprehension. Is there a serious threat against the victim unless the person involved is brought to jail? Is there a possibility that the assault will recur if the attacker isn’t apprehended?
3. And finally, the last element to consider about the gravity of the assault charge is the harm. Did the assault cause minor or severe physical injury? The more serious the injuries to the victim are, the higher the penalty. Even if the case seems minor, a determined prosecutor might push for probation terms or even a conviction if the circumstances suggest repeat behavior or if mitigating factors are insufficient.

In addition to these elements, the NC court will determine if this was the first time someone assaulted another person or if they are a repeat offender. If they’ve had a history of committing assault, there is a slim possibility that those charges will be dropped versus someone who is a first-time offender. The defendant’s mental health and addiction to drugs or alcohol can also play a factor in assessing their case.

Types of Assault Charges in NC

In North Carolina, assault charges are classified into three categories based on the extent of injury inflicted and the level of violence.

Simple Assault

Simple assault is the least serious of the assault charges in NC. It causes minor injury and presents a low threat of violence. Simple assault does not even mean you’ve caused physical harm to another individual.

It could mean aggressively approaching someone to serve as a threat or blocking them with a weapon (without actually using said weapon).

Simple assault that does not inflict physical harm is usually meant for intimidation or to instill fear. A savvy prosecutor may try to emphasize any aggressive behavior to secure a conviction even in cases where the assault may seem minimal.

Aggravated Assault

Aggravated assault is a more serious charge and carries stiffer penalties. It is an unlawful attack on another person, causing bodily harm or injury. In addition, an aggravated assault charge has a more severe punishment if it causes serious physical injury to the victim of the assault.

More serious penalties are involved if you assault a pregnant woman (or women, in general), children, and first responders. In these cases, the prosecutor may request harsher sentences, including extended jail time or probation, if the evidence suggests a pattern of behavior.

Sexual Assault

Sexual assault is a specialized assault charge category since harm results from a sexual act without explicit consent from the other party. There are various categories of sexual assault, depending on the nature of the assault and the potential harm caused to the victim.

A simple sexual assault is when the offending party forces someone to engage in a sexual act with them, without their consent. A sexual assault with weapon charge is when a deadly weapon is used to convince someone to engage in a sexual act. And aggravated sexual assault is when the victim has sustained serious injury resulting from the sexual assault. In such severe circumstances, the prosecutor will often be relentless in trying to secure a conviction.

Can You Go to Jail for Simple Assault Charges?

Yes. Imprisonment is a potential penalty for anyone charged with assault, even simple assault. For the latter, you could spend time in jail for up to 30 days. Alternatively, the sentencing might involve probation as a condition of release rather than immediate incarceration.

Again, various factors will play into the court’s sentencing of your case, and you could potentially spend more time in jail if the assault resulted in serious physical injuries – or even death. The determination of probation or a conviction often rests on the ability of your legal strategy to negate the arguments brought forth by the prosecutor.

How to Beat a Simple Assault Charge in NC

How do you build a defense strategy against a simple assault charge in NC? Here are some strategies our criminal defense lawyers when thinking about how to beat a simple assault charge.

1. Self-Defense

Self-defense is a solid strategy if you want to know how to beat a simple assault charge in NC. It is called “affirmative defense.”

It is beneficial to your case since you acknowledge that the assault occurred only because you were trying to preserve your safety. However, you must prove to the court that self-defense was necessary and that your safety was at risk. In addition, you must demonstrate that you were not the aggressor in the situation. This element of your legal strategy is crucial, especially when the prosecutor is attempting to portray you as the instigator of the conflict.

2. Alibi

If you want to show proof that you did not commit the simple assault, you must provide a solid alibi. The alibi must show that you couldn’t have committed the crime since you were not present in the area where the assault occurred or have witnesses to testify that you were somewhere else at the time of the event. A robust legal strategy will often include detailed timelines and corroborating evidence to counter the prosecutor’s narrative.

3. Consent

The consent applies to sexual assault crimes only. The defendant must demonstrate that the ‘victim’ consented to the sexual act, which can help have any charges against you dropped.

For the consent argument to work, the victim must be legally capable of granting consent.

Should You Hire a Criminal Defense Attorney to Beat a Simple Assault Charge in NC?

A simple assault charge might be a minor crime, but it does not mean you can get away with it. An attorney in NCexperienced in assault charges can help turn the tide of your case in your favor, especially if you are not guilty of committing the crime.

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our legal team can help you gather evidence and witness testimonies to support your case and have it dropped. Once retained, we can provide you with legal advice on your simple assault case and create a strategy to protect your rights.

Our criminal defense attorneys will also craft a comprehensive legal strategy that addresses every angle—from disputing the allegations put forward by the prosecutor to exploring alternatives like probation to avoid a conviction. Ensure you are aware of your rights to legal representation to prove your innocence until proven guilty. Since assault charges could appear on your record, it is crucial that you fight them legally, hire the best simple assault attorney you can – as such a charge could have severe consequences for your personal and professional life.