With laws varying from State to State, it’s important you remain informed about the laws in your State. When faced with assault and battery charges, there are various types that can result in either a misdemeanor or felony. Learning the difference can prove to be quite beneficial when facing these charges and knowing what to expect.
In the State of North Carolina, three types of misdemeanor assault and battery crimes are recognized.
- assault and battery, which involves physically injuring someone else
- assault, which is the attempt to commit an assault and battery, or a show of force indicating that an assault and battery is imminent
- affray, a fight between two or more people in a public place, likely to frighten others.
In most cases if the victim doesn’t need a doctor’s attention, these crimes are charged as Class 2 misdemeanor. This will result in less severe punishment such as, up to 30 days in jail or up to a 1,000 fine, if the offender doesn’t have prior convictions. If the offender has prior convictions, the jail sentence can be extended to up to 60 days.
Depending on everything involved in the offense, the misdemeanors result in a Class A1 or Class 1 charge in the more severe cases. In cases where the victim is seriously injured, there’s use of a deadly weapon, domestic violence, and sexual battery, the charge is a Class A1 misdemeanor. If a person who is a sports official is assaulted, the offense is a Class 1 misdemeanor.
Punishment for Class A1 and Class 1 misdemeanors can involve probation, a jail sentence and a fine. Depending on the severity of the injury and offender’s criminal history, will depend on the judge’s sentencing.
As far as a felony, the only assault charge there is, is assault with a deadly weapon. This meaning a crime committed with either the intent to kill, that results in serious injury, or both. This is punishable as a Class E felony with a sentencing that could be up to 31 months in prison. Again, depending on the severity of the offence, will depend on the judge’s ruling.
In the event that you have found yourself facing any of these charges and you’re in the Raleigh area, call Beaver Law firm today. Not only will you be provided legal representation, but you will work with a lawyer who really cares about you and you case. Call today to make an appointment 919-578-8551!