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What are the laws for assault and battery in North Carolina?

On Behalf of The Law Firm of Brent D. Ratchford |

North Carolina deems assault and battery as serious criminal charges. It’s important to know the laws surrounding the offense.

How is simple assault and battery classified?

North Carolina categorizes some assault and battery charges as misdemeanors. These offenses include assault and battery that causes an injury to another person, assault while attempting battery or while putting fear into the victim, and a fight between two or more parties in public that scare other people. The latter is also considered affray.

Simple assault and battery is classified as a Class 2 misdemeanor. These crimes often result in minor injuries to the victim that don’t require medical attention. However, if a person is convicted, they can face up to 30 days in jail for a first offense and as many as 60 days in jail if they have a prior conviction. A fine up to $1,000 is also common.

Class A1 misdemeanors are the most serious type of misdemeanor offense. Charges may be elevated if the victim suffers serious bodily injury or the perpetrator used a deadly weapon or if the victim is a child younger than 12, a school employee, a state employee or officer, or if the victim is female and the perpetrator is male and over 18.

What happens if the assault and battery is more serious?

Sometimes, assault and battery crimes are more serious and are classified as felonies. Specifically, if a person is arrested on charges of assault with a deadly weapon while intending to kill someone or cause them serious bodily injury, they can be charged with a Class C felony if convicted. Penalties for this crime include a term of 44 to 98 months in prison.

Another serious felony assault and battery charge is assault with a deadly weapon when the attack results in serious bodily injury or the intent to kill the victim. For a conviction, a person can be charged with a Class E felony and spend 15 to 31 months in prison.

While most assault and battery charges are considered to be misdemeanors, it’s possible for a felony conviction to occur based on the circumstances surrounding the case. However, even with a misdemeanor conviction, these charges can adversely affect a person’s life and should not be taken lightly.