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Raleigh Assault Attorneys

If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial.

Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. We will provide a thorough review of your case to help you understand all of your options when you call our firm today at (919) 239-8448 to take advantage of a free, confidential consultation.

Raleigh Assault Lawyer

Not all violent crimes in North Carolina involve actual acts of physical violence. People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm.

There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. Even cases of so-called “simple assault” can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders.

Wake County Assault Information Center

When can a person be charged with this type of crime?
What kinds of punishments can an alleged offender be sentenced to?
How can people defend themselves against these charges?

North Carolina Assault Charges

There are three different types of assault crimes listed under North Carolina General Statute § 14-33. These are all classified as Class 2 misdemeanors:

Simple Assault

This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. Simple assault is a misdemeanor offense in North Carolina. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm.

If you have been charged with simple assault, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options.

Simple Assault and Battery

Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Penalties for simple assault and battery can include jail time, probation, community service, and fines. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible.

Simple Affray

In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. Although the violence may not result in serious injury, it must be intentional and done without legal justification. Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense.

Criminal History Affects Your Charges

The criminal history of the alleged offender and/or any injuries suffered by the alleged victim can result in more serious charges. These may include:

Assault Inflicting Serious Bodily Injury, North Carolina General Statute § 14-32.4(a)

It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as “bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.”

Assault Inflicting Injury by Strangulation, North Carolina General Statute § 14-32.4(b)

It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation.

Habitual Misdemeanor Assault, North Carolina General Statute § 14-33.2

It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years.

Assault Penalties in Raleigh

The punishments of alleged offenders of assault are decided by judges using North Carolina’s “structured sentencing” system. This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history.

In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. An active punishment involves incarceration in prison or jail, an intermediate punishment is a sentence of supervised probation that may involve a period or periods of confinement, and a community punishment is any sentence other than an active punishment.

With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories:

Prior Conviction Level I — An alleged offender with no prior convictions can be sentenced to a community punishment of between one and 30 days.
Prior Conviction Level II — An alleged offender with one to four convictions can be sentenced to a community, intermediate, or active punishment of between one and 45 days.
Prior Conviction Level III — An alleged offender with five or more convictions can be sentenced to a community, intermediate, or active punishment of between one and 60 days.

Felony assault cases are much more complex, as points are assigned to the alleged offender’s criminal history and there are six different prior record levels. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors.

For Class F and Class H felony assault cases, the possible sentences may be: (NOTE: Nine months of post-supervision release must be added to the end number for each of these sentencing ranges).

	Prior Record Level I (0-1 point)	Prior Record Level II (2-5 points)	Prior Record Level III (6-9 points)	Prior Record Level IV (10-13 points)	Prior Record Level V (14-17 points)	Prior Record Level VI (18+ points)
Class F	Intermediate or Active	Intermediate or Active	Intermediate or Active	Active	Active	Active
Aggravated	16-20 months	19-23 months	21-27 months	25-31 months	28-36 months	33-41 months
Presumptive	13-16 months	15-19 months	17-21 months	20-25 months	23-28 months	26-33 months
Mitigated	10-13 months	11-15 months	13-17 months	15-20 months	17-23 months	20-26 months
Class H	Community, Intermediate, or Active	Intermediate or Active	Intermediate or Active	Intermediate or Active	Intermediate or Active	Active
Aggravated	6-8 months	8-10 months	10-12 months	11-14 months	15-19 months	20-25 months
Presumptive	5-6 months	6-8 months	8-10 months	9-11 months	12-15 months	16-20 months
Mitigated	4-5 months	4-6 months	6-8 months	7-9 months	9-12 months	12-16 months

Wake County Assault Defenses

These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one party’s version of events. It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense.

Having a strong criminal defense lawyer can expose weaknesses in the prosecutor’s case. Some of the possible defenses that may be used against assault charges include, but are not limited to:

Self-defense
Lack of evidence
Defense of property
Defense of another person
Mistaken identity

Contact An Experienced Criminal Defense Law Firm Today

Have you been charged with committing one of these types of crimes in North Carolina? The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties.

Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation.

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