North Carolina Aggravated Misdemeanor Assault Lawyers

Placing someone in fear of battering or a failed effort at battery is simple assault, the most minor form of assault recognized in North Carolina. Depending on the situation, assault can qualify as aggravated.

Aggravated Assault: What Is It?

Any assault that includes an aggravating component is considered to be aggravated. The following are assault aggravating circumstances in North Carolina:

• Causing a severe injury
• Using a lethal force
• A child under the age of 12 is the victim.
• The victim is a state officer, employee, student, bus driver, or campus police officer carrying out official business.

Criminal law defines assault as deliberate conduct that instills fear of impending offensive or dangerous touches. Battery, which is defined as a deliberate physical act that results in a damaging or offensive touching of a person without that person’s consent, is frequently linked to assault.

The crime of aggravated assault, which is regarded as a more serious kind of assault and battery, is punishable by a felony charge. Assaults using dangerous weapons (such as a pistol, knife, brass knuckles, etc.) or assaults, including other aggravating circumstances, are common examples of violent actions that result in serious bodily harm.

What Kinds Of Things Are Aggravating Factors?

Any event connected to the crime in an issue that somehow worsens the crime itself is an aggravating factor. Due to the potential for a considerable increase in the punishment for a crime, aggravating elements are crucial. Legislation determines what qualifies as an aggravating factor; hence instances of aggravating factors differ greatly depending on the jurisdiction.

Among the widely acknowledged factors are, but are not limited to:

• Previous criminal history;
• Intent;
• Means by which the crime was accomplished;
• Cruelty; alternatively, how the crime was committed; or
• Treason.

The victim’s status, the attacker’s motive, or the severity of the harm committed may all be aggravating elements. The aggravating factor may be specifically identified by state law, such as assault with a lethal weapon or attack with the intent to commit another felony.

Criminal assault is another name for aggravated assault. The same basic idea may be used to describe a minor assault, but something extra has been added in this instance to make the offense appear more serious. As a result, the crime has more serious repercussions. When the defendant commits both simple assault and another aggravating circumstance, the assault is likely to be charged as a felony.

Serious Bodily Injury: What Is It?

Any physical harm to a victim that significantly impairs their physical well-being or health is considered a major bodily injury. Instead of being transient, the harm is long-lasting.

What Is A Deadly Weapon?

A lethal or deadly weapon is any tool that has the potential to cause a person substantial physical injury. Knives, clubs, and guns are often used as lethal weapons.

Is an Assault with a Deadly Weapon or Serious Bodily Injury a Felony or Misdemeanor?

A misdemeanor assault involves substantial physical harm or the use of a dangerous weapon. Any criminal act for which a county jail sentence of less than a year is imposed is considered a misdemeanor. This offense is a Class A1 misdemeanor in North Carolina.

What Is the Penalty in North Carolina for a Class A1 Misdemeanor?

For the first offense of a Class A1 misdemeanor in North Carolina, the penalty ranges from one to 60 days of active, intermediate, or community service. Depending on how many prior minor convictions the offender has, they could receive a sentence of up to 150 days if they have previously been convicted of misdemeanor aggravated assault.

Prison time is considered an active punishment, whereas probation is usually associated with an intermediate or community punishment. With intermediate punishment, probation is frequently monitored. The penalty may include home arrest, time behind bars, or the requirement to enroll in a drug treatment program run by the court.

The typical form of community punishment is either supervised or unsupervised, including a fine, detention in a local detention facility, or participation in a course for education or job training.

What Must I Do If I Am Charged With Aggravated Assault?

If you have been charged with severe assault, you should immediately speak with a criminal defense lawyer. A major offense with substantial criminal accusations and repercussions is aggravated assault. In general, the punishments for being found guilty of aggravated assault are the same as those for being found guilty of a simple assault and battery. The penalties are, however, significantly increased to a considerably greater extent.

These repercussions may comprise, but are not limited to:

• Prolonged incarceration;
• The offense being recorded on the defendant’s criminal record;
• Increased penalties, loss of the ability to own lethal weapons, or
• Additional civil obligations include paying the victim for any harms or losses brought on by the violent attack.

There are various actions you can take to counteract accusations of serious assault. The first step in this process is to hire a lawyer to represent you and protect your legal rights.

Additionally, keeping as much supporting evidence for your case as possible will increase your chances of successfully defending against an aggravated assault allegation.

What Common Defenses to Aggravated Assault Exist?

What behaviors qualify as aggravated assault is governed by state law. As a result, they specify the arguments that may be used to support the allegations. By far, real innocence is the finest aggravated assault defense. Other defenses, nevertheless, might be available.

Self-defense, the defense of others, and the defense of property are only a few instances of these defenses:

• Absence of intent, as the commission of a crime, requires the desire to inflict physical hurt or fear;
• Provocation, or responding to a threat;
• No evidence of a lethal weapon;
• Constitutional rights were violated at the moment of the arrest;
• Consent in the sense that the victim authorized the assault; or
• Risk acceptance, such as willingly and deliberately accepting a risk of harm.

Lack of purpose is the best defense for violent assault after factual innocence. The defense attorney for the defendant might be able to show that the defendant had no true intent to injure the victim or make them fear for their safety. Although it can be the finest aggravated assault defense, it might also be the most challenging to establish in court. A defense must be appropriately asserted to reduce or eliminate the allegations against the defendant.

How Do You Defend Yourself?

A person using force, especially fatal force, to defend himself against an active threat or attack is said to act in self-defense. Self-defense can also refer to using physical action to defend one’s possessions from an ongoing burglary or robbery.

If the individual using force is doing so to defend or assist a third party from an active attack, then using force to defend others also falls under the definition of self-defense.

The defendant must first be accused of a felony, including assault, battery, or murder before they can use the defense of self-defense to defend their acts in a court of law. In civil cases, self-defense may also be relevant when a defendant is accused of assault, battery, or wrongful death.

Do I Need Legal Counsel in My Assault Case?

You need legal representation to avoid jailing after being charged with aggravated assault in North Carolina. For assistance with your assault case, get in touch with a criminal attorney in North Carolina right away.

On the other hand, if you’ve been the victim of an aggravated attack, you must get in touch with the police immediately. You should also speak with a local criminal attorney to learn about your alternative possibilities.