An assault can occur if you’ve threatened bodily harm to someone in a believable way. It doesn’t necessarily require you to put hands on an individual.
In North Carolina, simple assaults are considered less serious than other types of assaults. A simple assault could be threatening bodily harm to someone when it appears you have the immediate capacity to carry out the threat, or intentionally causing physical contact in an offensive manner.
Any person who commits a simple assault, a simple assault and battery, or participates in a simple affray is guilty of a Class 2 misdemeanor.
Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor, if in the course of the assault, assault and battery, or affray, he commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sporting event.
Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor, if in the course of the assault, assault and battery, or affray, he or she:
(1) Inflicts, or attempts to inflict, serious injury upon another person or uses a
deadly weapon; or
(2) Assaults a female, he being a male person over the age of 18 years; or
(3) Assaults a child under the age of 12 years; or
(4) Assaults a law-enforcement officer or a custodial officer of the State Department of
Correction, while the officer is discharging or attempting to discharge a duty of his
(5) Assaults a school employee or school volunteer when the employee or volunteer is
discharging or attempting to discharge his or her duties; or
(6) Assaults a public transit operator, including a public employee or a private contractor
employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties; or
(7) Assaults a company police officer certified or a campus police officer.
Battery is an assault whereby any force, however slight is applied, directlyorindirectly, to another.
The statutes use the terms “assault” and “battery” interchangeably, often using “assault” for acts that involve a striking (such as assault inflicting serious injury).
North Carolina recognizes three types of misdemeanor assault and battery crimes:
Assault and battery, which involves physically injuring someone else;
Assault, which is the attempt to commit an assault and battery, or a show of force indicating that an assault and battery is imminent; and
Affray, a fight between two or more people in a public place, likely to frighten others.
Click here to see what type of punishments are associated with different class of misdemeanors.
Life happens and Gilles Law is here to help! If you are being charged with any type of assault crime in North Carolina or South Carolina you need to Contact us at immediately!