Bessemer Assault Lawyer

Bessemer Assault Attorney

There are many situations and circumstances that may lead to assault charges being brought against you in Bessemer, NC. Because of the potential severity of the crime, it is imperative that you understand your rights and prepare a solid defense. Whether you’ve been charged with simple assault, aggravated assault, sexual assault, domestic violence, battery, or any other type, it is vital to seek the help of a skilled and qualified assault attorney who can walk you through the defense process.

The Law Firm of Brent D. Ratchford, Your North Carolina Assault Lawyer

Every person, no matter what crime they may be accused of, deserves to be treated with respect and dignity and has the right to fair representation. In cases of assault, the various facts and details surrounding the incident are usually many and can complicate the case very quickly. For this reason, it is necessary to have a knowledgeable and experienced lawyer with a background in assault criminal defense who can properly fight to ensure all considerations are rightfully pieced together and your side of the story is heard.

Brent D. Ratchford has over 25 years of experience in criminal defense and is known throughout North Carolina for treating every client of his with respect. If you’ve been accused of assault of any kind, reach out today. He will walk you through the defense process, listen to the details of your particular case, and work to develop the most effective defense strategy to achieve a favorable outcome.

What Are the Different Types of Assault Crimes?

Assault crimes can take several different forms depending on the level of injury inflicted, whether weapons were used, and if there was any other intent behind the assault. The most common cases that criminal defense lawyers regularly see are:

• Simple assault. In this basic form of assault, no injury is usually sustained by the alleged victim. In fact, physical contact does not even have to occur, as verbal assault on another person is illegal as well. For it to be considered simple assault, no weapon may be used in the incident.
• Simple battery. This form of assault is quite broad and includes any unwanted physical contact, usually with the use of force. For a defendant to be charged with simple battery, the alleged victim should have sustained no significant injuries.
• Aggravated assault. This form of assault is characterized by any implied potential for harm with a deadly weapon or other form of a more aggressive show of force. Most often, aggravated assault includes significant injuries to the alleged victim.
• Aggravated battery. An assault case will be deemed aggravated battery if a deadly weapon is used in the incident to harm another person. Additionally, simple battery may be deemed aggravated if the alleged victim is a vulnerable individual, such as a child, elderly individual, or mentally disabled person.
• Sexual assault and battery. Lastly, this form of assault or battery includes any of the above with the added intent of making unwanted sexual contact with the alleged victim. Domestic violence cases often include this form of assault.

What Are Some Common Defenses for Assault?

Your criminal defense lawyer will work to fight against assumptions made by the prosecution and present all the details of your case as proper evidence. Some common defenses this may include are:

• Self-defense. This is the most common defense used in assault cases. If there was a threat of unlawful force or harm present, a reasonable basis for perceived fear, and no chance to escape the situation, an argument for self-defense can be established.
• Defense of others. This argument can be made if all the same for self-defense is true with the added difference that the perceived fear of harm was for that of another person. In both forms of defense, the force used must be considered reasonable in comparison to the perceived threat by the alleged victim.
• Defense of property. The law allows for the use of reasonable force in defense of one’s own property, especially that of a home. This defense can be used if your property being illegally invaded or withheld led to the assault.

FAQs About Bessemer, NC Assault Laws

Can You Sue Someone for Assault in North Carolina?

In North Carolina, a person can sue someone else for assault if they believe they are owed restitution for damages suffered as the rest of the assault. In this case, the assault would also become a civil matter in addition to a criminal case. The plaintiff would be required to prove they suffered directly from the assault and effectively argue that the defendant should provide compensation for their damages.

How Much Is an Assault Charge in NC?

Penalties for assault in North Carolina can vary depending on the severity of the charges. For a first-time assault misdemeanor offender, fines can range up to $1,000 with community service or victim restitution included. This includes up to 30 days of jail time. Both fines and jail time will be much larger for subsequent offenses or for aggravated assault, sexual assault, or battery.

What Is the Most Effective Defense for Assault Charges?

One of the most common and effective defenses for assault charges is self-defense. If you can prove that the person you are accused of assaulting was a threat or presented any form of harm against you and that there was no reasonable alternative to leaving the situation without taking the actions you did, then you could have the assault charges reduced or dismissed altogether. The force used in self-defense must be proportional to the level of threat posed.

Can Assault Charges Be Dropped by the Victim in NC?

In North Carolina, assault charges cannot be dropped by the victim of the assault. While the victim can inform the prosecutor that they no longer wish to pursue the case, the prosecutor is not obligated to dismiss any of the charges. In fact, the District Attorney prosecutes any state law violations in criminal cases on behalf of the State rather than individual victims. Nevertheless, requests to drop charges can be made by the victim and considered by the court.

Respect for You and a Defense of Your Rights

If you’ve been accused of any form of assault, do not hesitate to reach out to a criminal defense lawyer to begin your defense today. The Law Firm of Brent D. Ratchford has decades of experience carefully handling cases just like yours and will provide you with the utmost respect and representation. To begin discussing the details of your case, contact his office today.