North Carolina Simple Assault Lawyer

An assault charge is serious, whether it stems from communicating threats or if a weapon was involved. Any conviction with assault as an element is considered a violent crime and can have serious long-term repercussions. Our Criminal Defense Lawyers have handled these cases many times with excellent results.

“Simple Assaults” Aren’t So Simple

In North Carolina, the term “assault” is not as clear to the general public as it could be. It is legally defined as an attempt at, or threat of, violence, with an actual intention to carry it out, whether or not any physical contact took place. Assault is always considered a violent crime. This is an important distinction since if you are convicted of a “violent crime” you can never get an expungement.

Simple assault is a criminal charge that refers to the act of intentionally causing or attempting to cause physical harm to another person. It is generally considered a less serious offense than aggravated assault, which involves the use of a weapon or the intent to cause serious bodily injury. Penalties for simple assault can vary depending on the jurisdiction and the specific circumstances of the case, such as the level of injury caused and the relationship between the parties involved.

To learn more about your legal options, contact a North Carolina simple assault lawyer for a consultation.

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Is Pushing Someone Considered an Assault Under North Carolina Law?

In North Carolina, pushing someone can be considered assault if it meets the legal definition of the crime.

Assault is defined as an intentional act that causes another person to reasonably fear imminent harmful or offensive contact. Pushing someone is generally considered an intentional act, and if it causes the person to reasonably fear harmful or offensive contact, it can be considered assault.

It’s important to note that the severity of the charge will depend on the specific circumstances of the incident, such as the level of injury caused, the use of a weapon, and the relationship between the parties involved.

If the push resulted in injury or if the push is considered domestic violence, it will likely be considered a more serious offense. It’s also important to note that the court will take into account the context of the situation. For example, if you were to push someone off of you, it likely would not be considered an assault.

If you have questions about your simple assault charge, schedule a consultation with our North Carolina attorneys.

Can You Hit Someone If They Provoke You?

Yes, but not legally! Just because a person says something rude clearly does not mean you have the right to hit them. However, you may be able to raise the defense of “Self-Defense” if physical harm is imminent. It is best to simply disengage. In general, the use of force in response to provocation is not considered a legal justification for hitting someone. The legal principle of self-defense allows the use of reasonable force in situations where an individual reasonably believes that they are in imminent danger of bodily harm, but it does not permit retaliation or the use of excessive force.

It’s important to understand that the use of force must be proportional to the threat at hand. If the other person is not making any physical threats or is not in the process of physically harming you, hitting them would not be considered self-defense. And even if the other person is making verbal provocations, that alone would not be enough to justify the use of force.

Additionally, the legal system does not take kindly to the use of physical force as a way to solve conflicts. Even if you feel that you were provoked, physically hitting someone is illegal and you could be charged with assault. It’s always better to avoid physical altercations and if possible, to seek the help of authorities or to walk away from the situation.

How Do You Beat a Simple Assault Charge?

Defending against a simple assault charge can be complex, and the best way to beat the charge will depend on the specific circumstances of the case. However, a partial list of some common defense strategies that could be used in a simple assault case include:

Self-defense: If the individual can show that they acted in self-defense, they may be able to argue that their actions were necessary to protect themselves or others from harm.
Lack of intent: Proving that the individual did not intend to cause harm can be a defense against a simple assault charge.
False accusation: If the individual can show that the allegations against them are false or fabricated, this can be used as a defense in court.
Insufficient evidence: If the prosecution does not have enough evidence to prove the individual’s guilt beyond a reasonable doubt, this can be used as a defense.
Mistaken identity: If the individual can prove that they were mistakenly identified as the person who committed the assault, this can be used as a defense.

It’s important to note that each case is different, so it’s imperative to find an experienced simple assault defense attorney in North Carolina who can help evaluate the evidence and build a strong defense.

Ultimately, to win any assault case, you must plead not guilty and have a trial. The State may not be able to prove the elements of the crime, or you may be able to raise the affirmative defense of “Self Defense.” Another possible solution to avoid a conviction would be entering a first-time offender program if one is available, or obtaining a Conditional Discharge. However, you will need an attorney to negotiate these conditional deals on your behalf. Therefore, once you have been charged with an assault, you must speak with an accomplished attorney who can help with your defense strategy as soon as possible.

Can Simple Assault Charges Be Dropped?

In many cases of assault and domestic violence, the cases have victims who know the person charged and do not want to see them prosecuted. Unfortunately, once the charges have already been filed, only the State prosecutor has the discretion to drop charges. The decision as to whether to drop charges is within the sole discretion of the prosecutor or the Assistant District Attorney. In many cases, the Assistant District Attorney will simply subpoena the victim to court and try to mandate their testimony.

Can a Simple Assault Conviction be Expunged?

In North Carolina, if a person is found guilty or if they plead guilty to a crime, they can petition the court for an expungement of the arrest record related to that charge, depending on the type of charge. Many charges are never eligible for an expungement, and many require waiting periods before eligibility.

If a person is found not guilty or a charge is dismissed, the arrest record often still exists, and an expungement is necessary to remove it from the person’s criminal record.

If you are convicted or plead guilty to a charge that has an “assault” as an element of it, such as simple assault or Assault on a Female, and you are over 18 years of age at the time of the offense, this charge cannot be expunged. Charges involving assaults can only be expunged if the charge results in a dismissal or a not-guilty verdict. If you were under the age of 18 at the time of the assault charge, you may be eligible to expunge this charge off your record.

Contact one of our North Carolina simple assault attorneys today if you think you may qualify for an expungement. Don’t let a mistake from years ago haunt your life today!

What is the Penalty for Simple Assault in North Carolina?

Under North Carolina General Statute 14-33(a) simple assault is considered a Class 2 misdemeanor. This means if convicted, a person may face penalties such as:

Up to 60 days in jail
A fine of up to $1,000
Community service
Probation
Mandatory Anger management classes or Counseling

It’s important to note that the specific penalties will depend on the circumstances of the case, such as the level of injury caused or the use of a weapon. If the simple assault is also considered domestic violence, it could result in more severe penalties. Additionally, if a person has prior convictions, the penalties may be more severe.

As with any violent crime conviction, a conviction for simple assault can have a long-term impact on a person’s life and can result in difficulties finding employment or housing. This type of conviction can negatively impact many aspects of a person’s life that may not even seem relevant today, like future child custody arrangements. Therefore, no matter what your circumstances or story, when charged with simple assault it is essential you have a defense strategy catered to meet your needs and an experienced legal team at your side.

Contact McMinn, Fradin, Gray & Logan today to schedule your consultation with a North Carolina simple assault lawyer.