In the context of criminal law, assault is defined as intentionally placing another individual in reasonable apprehension of imminent bodily harm or an offensive contact. Although this definition may be subject to change based on the jurisdiction where the crime occurs, the standard elements the prosecution must prove beyond a reasonable doubt for assault include:
- The defendant intended to cause the victim to become aware of or to believe that there was a possibility that they would suffer imminent harm;
- The victim must reasonably believe that the defendant’s conduct would be harmful or offensive to them;
- The victim must also believe that the harm was imminent and not just a future threat; and
- The defendant must display some type of behavior that implies they are about to physically injure or otherwise do something offensive to the victim.
Examples of actions that constitute an assault may include, but are not limited to:
- Attempting to spit on the victim;
- Miming doing any of the following to the victim:
- hitting;
- punching; or
- kicking;
- Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; or
- Pointing a gun at the victim, regardless of whether it is loaded or not.
Additionally, there are some states that have statutes defining assault as criminal attempted battery. Assault and battery, however, should not be confused with one another because many jurisdictions treat the offenses as separate.
The major distinguishing factor between assault and battery is that battery requires the use of force and actual contact. In contrast, an assault requires the victim to reasonably believe they are or to be aware that they are in danger of imminent harm, even if there is no actual physical injury.
In some cases, it may be difficult to prove if the defendant actually intended to commit an assault. Intent is an element that juries and judges often spend a lot of time deliberating on when coming to a verdict.
Because of these issues, it is important to have enough evidence to support the assault charges. There are certain types of strong evidence that is needed for assault charges, which may include:
- Police reports;
- Testimony from eyewitnesses;
- Medical records, if applicable; and
- Various other pieces of evidence that may be relevant to the assault incident.
What Is Assault on a Female in North Carolina?
As noted above, assault is the intentional act of placing a victim in fear of imminent bodily injury or a failed battery attempt. In the State of North Carolina, simple assault, or assault without any aggravating factors present, is classified as a Class 2 misdemeanor.
However, if any aggravating factors are present, an assault may be increased to a Class A1 misdemeanor or, in some cases, a felony. In North Carolina against a female is viewed as worse than simple assault if the crime is committed by a male who is 18 years of age or older.
Therefore, North Carolina has made this type of assault a separate crime from simple assault. Assault against a female is classified as a Class A1 misdemeanor.
Under the laws of North Carolina, an individual committed the offense of assault on a female if they are a male who was at least 18 years of age and committed an assault against a female.
Do I Have to Actually Injure a Female to Be Charged with Assault on a Female?
Assault on a female does not involve an actual infliction of any physical injuries upon a victim. The foundation of any type of assault case is whether a perpetrator attempted to inflict injury or place the victim in fear of being injured.
Are Assault on a Female and Assault with a Deadly Weapon Similar Crimes in North Carolina?
Although assault of a female and assault with a deadly weapon are both Class A1 misdemeanors in North Carolina, they are different crimes. Assault on a female does not involve a deadly weapon and only occurs if the perpetrator is a male who is over 18 years of age.
Assault with a deadly weapon occurs when an individual uses a deadly weapon to commit an assault. A deadly weapon can be many things, such as a gun or a knife or scissors.
Assault with a deadly weapon does not have any limits regarding the perpetrator’s gender and age or the gender of the victim. Any individual may be assaulted with a deadly weapon and any individual may commit an assault with a deadly weapon.
It is important to note that cases of simple assault may become more severe if there are aggravating factors present. An aggravating factor is an event or fact that worsens the crime itself.
These elements are crucial because of their potential for a considerable increase in the punishment for the crime. What is considered an aggravating factor varies by jurisdiction, but may include:
- Previous criminal history;
- The status of the victim;
- The motive of the attacker;
- The severity of the harm committed;
- Intent;
- Means by which the crime was accomplished;
- Cruelty; alternatively, how the crime was committed; or
- Treason.
An aggravating factor may be specifically identified by state law, for example, assault with a lethal weapon or an attack with the intent to commit another felony.
Will I Go to Prison if I Am Convicted of Assault on a Female?
No, an individual who is convicted of assault on a female will not go to prison. If convicted of a Class A1 misdemeanor, an individual will receive:
- Community punishment;
- An active punishment; or
- An intermediate punishment that lasts between 1 and 60 days if the defendant is convicted for the first time of this category of offense.
If an individual has prior misdemeanor convictions, they can face up to 150 days of punishment. For a misdemeanor active punishment, the individual will serve that time in jail.
If an individual is sentenced to intermediate punishment, they may face supervised probation for their entire sentence or a split sentence. When an individual serves a split sentence, part of their sentence is served in jail and the rest of their sentence is served under supervised probation.
An intermediate punishment may also include:
- Community service;
- House arrest;
- Substance abuse monitoring or treatment; or
- A variety of other punishments.
A community punishment may consist of unsupervised probation or supervised probation. This punishment may also consist of:
- Community service;
- House arrest;
- Substance abuse monitoring or treatment; or
- Other forms of alternative punishment.
Do I Need a North Carolina Criminal Attorney?
If you have been charged with assault on a female in North Carolina, it is important to consult with a North Carolina criminal lawyer as soon as possible. Your lawyer can advise you of the laws of your state and protect your rights in court.
Your lawyer may also be able to help you negotiate for a more favorable plea bargain if the prosecutor offers one. In addition, your lawyer can present any available defenses or argue for the charges to be dropped completely, if possible.
Being convicted of any form of assault may lead to serious legal consequences. This applies even in cases where an individual meant for their actions to be a joke or prank.
