Assault is the criminal act of placing a victim in fear of immediate battery. It may also be considered a failed attempt at battery in North Carolina. The use of force against a victim is known as a battery. While assault and battery are often categorized as misdemeanor crimes, they can also be felonies if certain elements are present.
The standard case for assault is as follows:
- The defendant must have intended to create a state of apprehension or awareness in the victim. An accidental act will not result in assault charges; it must be intentional.
- The prosecutor must also prove that the victim reasonably believed the defendant’s conduct would harm or offend them. To put it another way, the victim must realize (i.e., understand) the defendant’s potential to harm or offend them.
- There must be a sense of immediate, physical danger and a reasonable belief that the victim will suffer injury. This belief can’t be based on a future act, and it can’t be merely a verbal threat (note that there are some exceptions).
- In order to prove intent to harm or offend the victim, the defendant must perform a physical act.
Some examples of assault may include:
- Attempting to spit on the victim;
- Miming the act of hitting, punching, or kicking the victim;
- Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and
- Pointing a gun at the victim, regardless of whether it is loaded or not.
What Are the Elements Required to Prove an Assault?
Generally, a prosecutor must prove beyond a reasonable doubt that:
- The defendant intended to cause the victim to become aware of or anticipate the 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 kind of behavior that implies they are about to hurt or do something offensive to the victim physically.
In some cases, it can be difficult to prove that a defendant actually intended to commit an assault. When deciding the final verdict, judges and juries often spend a great deal of time debating intent. Consequently, it is important to have substantial evidence to support assault charges.
Assault charges require strong evidence, such as police reports, eyewitness testimony, medical records (if applicable), and other items relevant to the assault.
Is It Necessary to Strike Someone In Order to Be Found Guilty of Assault?
To be found guilty of assault, a person does not necessarily have to strike someone. In fact, the legal definition and elements of proof for assault do not ever mention any kind of physical contact—only the reasonable belief that harmful or offensive contact will be inflicted on the victim.
However, some acts may offer stronger evidence that an assault occurred. Getting in someone’s face can be considered assault if the assaulter is aggressive and yelling, spitting, or threatening to hit the victim with an object they are holding (e.g., bat, beer bottle, fist, etc.).
Meanwhile, pretending to slap a friend while laughing about it is not an assault.
What Is Class E Felony Assault?
There are a few ways that an assault can be a Class E felony instead of just a misdemeanor in North Carolina. First, a person can face a Class E felony charge if they assault another person with a deadly weapon and inflict serious injury upon the victim. A person waving a gun in front of a victim to make them fear a battery would be an example of this. A deadly weapon was used to instill fear in the victim, but the person was also charged with causing serious injury to the victim. A serious bruise or broken bone may be the result of the injury.
Another way that a person can end up facing a Class E felony assault charge is if they use a deadly weapon to commit an assault while possessing an intent to kill the victim. A person is also guilty of a Class E felony assault if they use a firearm to commit the assault against a law enforcement officer, probation officer, member of the North Carolina National Guard, or an employee of a detention facility such as jail while they are performing their duties in their respective role.
How Does North Carolina Define Assault with a Deadly Weapon?
Under North Carolina law, assault with a deadly weapon is any assault done with a deadly weapon. Any weapon that inflicts harm on someone is considered a deadly weapon. It could be a gun, knife, baseball bat, or stick.
What Is Intent to Kill?
An intent to kill is a desire to end another person’s life. If it is an element of the crime, a person must possess a specific intent in order to be guilty.
Is Serious Bodily Harm Any Kind of Physical Harm?
No. Any physical injury that significantly interferes with a victim’s comfort or health is considered serious bodily harm.
There may be short-term rather than permanent harm. The following are examples of serious bodily harm:
- Deep or extensive cuts
- Serious bruises
- Scarring or serious disfigurement
What Kind of Punishment Can I Get If I Am Convicted of This Crime?
In North Carolina, the first conviction for a Class E felony will result in an active or intermediate punishment of 20 to 25 months. In the case of an active punishment, a person will serve their entire sentence in prison.
A person who receives an intermediate punishment may receive special probation, where they will spend part of the time in prison and the rest on supervised probation or a full sentence of probation. As part of their intermediate punishment, a person may also be placed under house arrest, enrolled in a drug treatment program, or monitored remotely.
A person’s sentence may also be lengthened to up to 50 months in prison if they have a prior felony conviction.
Are There Any Legal Defenses to Assault Charges?
In an assault case, a defendant may be able to raise a number of legal defenses. A defendant’s eligibility for the defense will depend on the facts of their specific case and the laws of the jurisdiction hearing their case.
Defendants charged with assault might be able to raise the following defenses:
- Involuntary intoxication: If the defendant was involuntarily intoxicated (e.g., someone slipped a drug in their drink) when the assault occurred, then they may be able to argue that their actions were not intentional or that they were unaware of the events (due to being involuntarily intoxicated) that led to the assault.
- Lack of proof or evidence: If the prosecutor fails to satisfy the burden of proof, does not prove each element of the crime, or does not have enough evidence to support the assault charges, then lack of proof or evidence may be asserted as a defense.
- Consent: If the victim provided valid and voluntary consent to commit the assault, then the defendant can raise consent as a complete defense against the charges.
- Duress or coercion: A defendant may assert that they were under duress or coerced to commit the assault as a defense. These two defenses will require the defendant to admit that the assault actually occurred. However, they may still be able to provide protection if the defendant can prove someone else forced them to commit the assault or suffer serious physical harm.
- For instance, if someone held them at gunpoint and told them to assault the victim or else risk being shot.
- Self-defense or in defense of others: Similar to duress or coercion, the defendant will still have to admit that they committed the assault. However, in this instance, the defendant can argue that they only committed the assault to protect themselves against the other party’s initial threats of harm. This defense can also be used by a defendant defending a third party against an initial aggressor.
In addition, some defenses may be used to reduce a defendant’s assault charges from a felony to a misdemeanor.
Should I Contact a Lawyer about My Assault Case?
It is important to take any felony charge seriously, regardless of the circumstances. If you are charged with felony assault, contact a North Carolina criminal lawyer immediately.
