At the David W. Martin Law Group, our North Carolina assault and battery defense attorneys help our clients understand exactly what their criminal charges mean to their futures, so they can make informed decisions about the directions of their cases.

Assault and battery charges in North Carolina can range from a misdemeanor, felony, or wobbler offense, which varies widely in their level of seriousness, and depending on the client’s criminal history, can include potential jail time.

However, just because you have been charged with a crime does not mean you are guilty.

If you have been charged with assault and battery at any level in North Carolina, contact our skilled criminal defense attorneys in North Carolina today to learn more about your legal rights and options to pursue the best outcome for your case.

What is the Difference Between Assault and Battery in North Carolina?

Although often pursued together, assault and battery charges are two different offenses that are typically linked by the accused’s actions.

Assault is the act of threatening another person with bodily harm, while battery is the physical act that results in injury.

The most common assault and battery charges in North Carolina include:

  • Simple Assault

Simple assault does not include the use of a weapon, or physical contact. It is often the result of verbally threatening someone with violence or moving in a threatening manner towards a person.

  • Aggravated Assault

Aggravated assault is much more aggressive than simple assault and involves one person purposely inflicting (or attempting to inflict) severe bodily harm or death to another. These charges usually involve using a weapon.

  • Simple Battery

Simply battery involves unwanted physical contact, which can include the use of force. Injuries do not have to result for someone to be charged with simple battery.

  • Aggravated Battery

Aggravated battery usually involves the act of inflicting harm on another person with the use of a deadly weapon.

  • Sexual Assault and Battery

Sexual assault and battery involve unwanted sexual contact using force, typically with a weapon.

Both assault and battery charges — whether applied alone or in conjunction — are serious allegations in North Carolina, and can be compounded by similar pending charges, or past convictions.

Do not leave your future to chance. Contact our skilled North Carolina assault and battery defense lawyers today to learn how we can help assess the charges, and defend your rights, to pursue the best outcome for your unique case.

Do Assault and Battery Charges Include Jail Time in North Carolina?

Criminal charges and penalties for assault and battery in North Carolina vary based on the crime and the accused’s criminal history.

The prosecutor’s office will then determine whether to charge the individual with a misdemeanor or felony for their alleged role in the assault and battery.

While all assault and battery cases are unique, the North Carolina statutes list the penalties for convictions as follows.

Penalties for first time simple assault and battery offenses in North Carolina include:

  • Community service or victim restitution
  • Fines up to $1,000
  • Up to 30 days in jail

Penalties for a second or subsequent simple assault and battery offenses in North Carolina include:

  • Community service or victim restitution
  • Fines up to $1,000
  • Up to 60 days in jail

Penalties for aggravated or sexual assault and battery offenses in North Carolina include:

  • Supervised probation
  • Significant fines
  • Up to 150 days in jail

When assault and battery charges accompany the use of a deadly weapon, the accused will be charged with a felony that includes penalties involving substantial fines and jail time ranging from 15 to 98 months, followed by all applicable probation requirements that may require years of supervision.

Likewise, the penalties for assault and battery charges will increase significantly when the alleged crime is committed against certain vulnerable victims.

They include:

  • Women harmed by a male over the age of 18
  • Children under the age of 12
  • State employees or officers
  • Public transit operators
  • Sports officials, including referees, umpires, or coaches during a game
  • Campus or private security officers who are acting in their official or employment capacity
  • Public, private, or charter school employee or volunteer who is on school property, during a school event, or while transporting children to or from school

If you are facing any level of assault and battery charges in North Carolina, do not face the prosecutor’s office alone or agree to a “deal” without consulting with a skilled criminal defense attorney first.

It is important to know your rights before your first court date arrives. We can help.

Contact our experienced assault and battery defense attorneys in North Carolina today to learn more about your legal options.

Contact Our Skilled Assault & Battery Defense Attorneys in North Carolina Today

At the David W. Martin Law Group, our assault and battery criminal defense attorneys are here to listen to the details that led to your arrest and charges, so we can outline all potential legal strategies to produce the best outcome for your unique charges, criminal history, and overall legal circumstances.

Call us at (980) 265-9724 today to discuss your case and get the help you need.

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