Assault & Battery Criminal Defense in Burlington, NC
Assault and battery charges in North Carolina can be quite complex and require the keen eye of an experienced criminal defense attorney to successfully navigate. At Smith Giles Law PLLC, our team has years of experience offering the legal representation that clients need to fight their assault and battery charges in court. If you or someone you love has been charged with assault and battery in Alamance County, don’t hesitate to schedule an initial consultation with our criminal defense lawyers today!
Classifications for Assault & Battery in North Carolina
There are several different definitions and classifications for assault and battery charges in North Carolina. How an assault and battery charge is classified largely depends on the specifics of the situation at hand:
- Class 2 misdemeanor: When someone commits a simple assault and battery, this is classified as a Class 2 misdemeanor. A “simple assault and battery” occurs when an attempted assault and battery or display of force indicates an assault and battery is about to occur.
- Class 1 misdemeanor: Assaulting a sports official during a game is considered a Class 1 misdemeanor in North Carolina. Sports officials usually include referees, umpires, and coaches, and a game is considered any organized sporting event, whether it be a Little League game or a professional sporting event.
- Class A1 misdemeanor: Simple assault and battery charges may escalate to a Class A1 misdemeanor charge if the person commits the assault against a specific group of people. These include females if the assaulter is male and over 18 years old; children under the age of 12; officers or employees of the state; and school employees or volunteers. A Class A1 misdemeanor may also apply if the assaulter inflicts serious injury or uses a deadly weapon.
- Class C felony: This assault and battery classification applies when a deadly weapon has been used with the intent to kill and the person has inflicted serious injury. These offenses are far more serious and come with more severe penalties.
- Class E felony: If an assault was committed with a deadly weapon accompanied with either a serious injury or the intent to kill, the assaulter might be charged with a Class E felony.
If you’re unsure about what classification your assault and battery charge falls under North Carolina law, consult with your Smith Giles PLLC criminal defense attorney to learn more about your legal options.
Penalties for Assault & Battery in North Carolina
Depending on the specific classification for the assault and battery charge, a conviction may come with any of the following penalties:
- Class C felony: Maximum punishment of 231 months in prison
- Class E felony: Maximum punishment of 88 months in prison
- Class A1 misdemeanor: Maximum punishment of 150 days in prison
- Class 1 misdemeanor: Maximum punishment of 120 days in prison
- Class 2 misdemeanor: Maximum punishment of 60 days in prison
In addition to a jail sentence, those convicted of assault and battery in Alamance County may also face the following penalties:
- Community service
- Court costs
In order to receive the best outcome for your assault and battery criminal defense case, you need to have the proper legal representation. Contact Smith Giles PLLC to secure the expert criminal defense team you need to fight your case!
Frequently Asked Questions for Assault & Battery in Alamance County
How is assault and battery different from domestic violence?
Assault and battery and domestic violence are largely considered the same under North Carolina state law. The main difference between the two is that assault and battery occurs between two people that do not have a “personal relationship” whereas domestic violence occurs between two people that do have a personal relationship. One of the key elements to a domestic violence or assault and battery charge is that it must be “an assault with a deadly weapon or one that causes serious injury against someone with whom the defendant has a personal relationship when the assault occurs in the presence of a minor child.” Personal relationships are defined as spouses, children, grandchildren, former spouses, roommates, and ex-partners. A minor child is defined as any child under the age of 18 who lives with or is under the defendant’s care and must have a personal relationship with the defendant.
What are the aggravating factors in an assault and battery charge?
Aggravating factors are those elements that can escalate a simple assault and battery charge to a more serious assault and battery offense. For example, if the assault and battery results in a serious injury, the defendant has used a deadly weapon, the assault is domestic in nature, sexual battery was involved, or the victim belongs to a protected class, these aggravating factors will elevate the charge from a Class 2 misdemeanor to a more serious charge.
Smith Giles PLLC Assault & Battery Criminal Defense Attorneys in Burlington, NC
Don’t go into your assault and battery court proceedings without the right criminal defense team to help you navigate the case. Get the expert legal counsel you need from the knowledgeable criminal defense lawyers at Smith Giles by scheduling an initial consultation today.