High Point Assault Lawyer

High Point Assault Attorney

Assault is a serious charge in North Carolina that can warrant misdemeanor or felony sentences and result in lifelong consequences. If you have been arrested for assault or battery, you do not have to let your charges go uncontested. Equip yourself with an experienced High Point assault lawyer from LAWSMITH,The Law Offices of J. Scott Smith, PLLC. We offer aggressive advocacy in court, a compelling defense for your case, and the chance to minimize your harsh penalties.

What Is Considered Assault in North Carolina?

In North Carolina, there are many different types of assault you can be charged with, including:

• Simple assault – Attempting or committing assault upon another person
• Assault with a deadly weapon – Attempting or committing assault using a weapon that under the circumstances of its use is likely to cause death or serious bodily injury
• Assault on a child under 12 – Attempting or committing assault on a child under the age of 12
• Battery on an unborn child –  Committing  battery  upon a woman  who is pregnant whether or not there is knowledge of the pregnancy
• Assault on a government official – Assault toward a government official or law enforcement officer while they are performing their duties
• Assault on a sports official – Assault toward a sports official or referee in the performance of his or her duty during or immediately after a sporting event
• Assault on a handicapped person – Assault toward a person who is known to be handicapped
• Ethnic intimidation – Assault or damaging the property of someone or threatening to damage the property of someone based on their race, religion,  color

Assault charges can be further broken down by the extent of the injury, whether strangulation was involved, or if a gun was used.

Misdemeanors vs. Felonies in North Carolina Assault Cases

Assault cases in North Carolina can fall into either misdemeanor or felony classes. Within the categorization of misdemeanor and felony, there are multiple classes. North Carolina assigns different degrees of punishments to these classes, with misdemeanors generally only being eligible for up to 5 months in jail and a fine determined by the court, depending on the severity of the charge.

Despite the fact that misdemeanors are typically less serious than felonies, the impact of a misdemeanor charge cannot be understated.

A felony, which is the most severe charge you can be accused of, can result in  up to life in prison with or without parole or even a death sentence. Felonies in North Carolina encompass a wide range of crimes from Class A to Class I.

Common Penalties for Assault

Whatever the standard penalty is for the crime you are being accused of, it can be enhanced by the use of a weapon or if the assault was committed as a hate crime against a protected class. You may also incur additional penalties if you assaulted someone who was pregnant and it resulted in the loss of her  pregnancy.

The range of penalties for assault charges is dictated by crime type and class, but these are subject to alteration or enhancement depending on the facts of your case. For a more accurate estimation of the sentence you can expect from an assault charge, talk to an experienced criminal defense attorney. After looking at the circumstances and details of your assault case, they can estimate the sentence you are up against and create a strong defense to minimize it.

How Does a Criminal Lawyer Defend Against an Assault Charge?

Our defenses are tailored to the details of your case. After we have discussed the circumstances surrounding your assault charge, we can decide to move forward with a defense that:

• The assault was committed in self-defense or defense of others
• You were misidentified by a witness or victim
• You were falsely accused and are innocent of the charges
• Suggests a plea bargain for a reduced sentence

FAQs

Can You File a Civil Claim for Assault in North Carolina?

You can file a civil claim for assault against someone in North Carolina by filing a civil court case against them. The statute of limitations for filing a claim is three years from the date of the incident, except if a person under the age of 18 was involved in the assault. You must serve papers to the defendant under Rule 4. It is important to consult with a lawyer to discuss your options before filing a claim.

Can Assault Charges Be Dropped in North Carolina?

Yes, assault charges can sometimes be dropped in North Carolina due to a number of factors, including :

• The victim requested it or is uncooperative
• The prosecution does not have sufficient evidence to prove the crime
• Witnesses refuse to appear or testify in court

How Much Is an Assault Charge in North Carolina?

Assault charges in North Carolina are determined by many factors that directly correlate to the class the assault falls into. Typically, the fines for misdemeanor classes are less than for felony classes. This does not include fees that you may be required to pay for attorney services. These fees are usually dependent on the amount of work required for each case and can be discussed in advance during a consultation.

What Qualifies as Assault in North Carolina?

There are many factors that can qualify as an assault in North Carolina, most of which have a sliding scale of severity. Assault is an intentional act that causes another person to fear or experience physical harm, meaning assault can also encompass threats. Depending on the level of harm and who the assault was committed against, assault charges can be misdemeanor or felony cases.

Reliable Legal Counsel at LAWSMITH, The Law Offices of J. Scott Smith, PLLC

If you have committed an act of assault in High Point, NC, you are entitled to legal counsel. Make sure the counsel you choose has your interests and needs in mind when defending your case. To see how a skilled High Point assault lawyer can assist with your case, schedule a consultation with LAWSMITH, The Law Offices of J. Scott Smith, PLLC.