There are a wide variety of assault charges in North Carolina, ranging from various misdemeanor assault charges to various felony assault charges. One type of misdemeanor assault is known as assault on a female. We will discuss this charge here. This blog is intended for informational purposes and is not intended as a substitute for the advice and counsel of a criminal defense attorney.
What is assault on a female?
Assault on a female is governed by N.C.G.S. 14-33(c)(2). This charge is a very common charge, particularly in the domestic context in North Carolina. A person can be convicted of assault on a female if the state proves, beyond a reasonable doubt, that:
- A male person over age 18
- Assaults a female person
Note that there is no requirement that the alleged victim suffer injuries. An assault is simply an offensive contact that a person did not consent to.
Punishment
Assault on a female is a Class A1 misdemeanor and is sentenced according to North Carolina’s misdemeanor sentencing guidelines. Conviction of this crime carries a maximum possible sentence of 150 days in jail. Conviction also carries the possibility of fines, community service, and probation. Additionally, if you are convicted of assault on a female in North Carolina, you can never get this conviction expunged. This is because this crime, like all assault crimes, is considered a violent crime.
What type of evidence might the state present?
Commonly, the state will present evidence by eliciting testimony from the alleged victim. The state may also elicit testimony from other witnesses who were present during the alleged events and from law enforcement officers. Note that testimony is evidence. Other evidence may include pictures, videos, etc.
What defenses may be available to me if I am charged with this crime?
There are a wide variety of defenses that a person may use in defending this charge. Some common defenses include self-defense, arguing that an assault never occurred, arguing lack of evidence, etc. Many of these cases are “he said she said” cases, which may provide for reasonable doubt in some cases. You should consult with a criminal defense attorney before attempting to use one of these defenses in trial.
If you have been charged with assault on a female in North Carolina or another criminal charge in North Carolina or South Carolina, contact us to discuss your options.
