What is the Difference between Assault and Aggravated Assault in North Carolina?

These terms seem like the same thing. But, in NC assault and aggravated assault have minor differences that can have a big impact on you or your case. In NC you can face a wide range of assault charges.

No matter what type of assault charge you are up against, you need some legal help. You can learn the difference between assault and aggravated assault here. But, how these differences affect you and your case depends on many different factors. A criminal defense lawyer can help you know which parts of the law will impact your case.


Assault and Aggravated Assault Differences in Charlotte, NC

An assault charge might seem like a very big deal. But, it might not affect your life as much as you would think at first. But the differences between assault and aggravated assault can have a big impact.

A criminal defense lawyer should explain how you can go through the legal waters with confidence. But assault charges vary so much that there might be a lot of confusion causing anxiety or stress.

The differences in the types of assault are easy to grasp when you split them into a simple and aggravated assault.


Simple Assault

To break it down in simple terms, this type of assault can be for:

  • A charge for harming a person
  • A charge for trying to hurt a person
  • Actions which show force that would have led to assault

These 3 points are the basis of most assault charges. If you are facing a charge for simple assault, you might be subject to:

  • Probation
  • 1-30 days in jail
  • 60 days of jail if you have past convictions

The consequences might not seem that severe. A cop will usually use an assault charge as a base to stack on other charges. A criminal defense attorney may target the issue of assault to help relieve the stress of other charges you are facing.


Aggravated Assault

A more severe form of assault is aggravated assault. A serious assault charge is often a Class C or E felony. A Class C felony for assault can include charges of:

  • Malicious maiming
  • Assault with a weapon
  • Intent to cause serious harm
  • Intent to kill
  • Abusing a patient
  • Discharge of a weapon into a home or property
  • Misbranding product to cause harm

A Class E felony assault charge might come from:

  • Assault with the intent to maim
  • Attack with an acid or alkali
  • Attack with a weapon that results in harm
  • Neglect that may have led to the death of a patient

The lists for Class C and E felonies include many other charges. But, these are some of the common issues that can lead to a severe assault charge. These are more serious accusations than simple assault cases. You probably did not do anything wrong but were caught in a bad spot.


When Should You Hire a Criminal Defense Lawyer?

You should hire a criminal defense lawyer as soon as you are able. When you know that you are facing these charges you have the right to get a lawyer. The legal process is full of possible pitfalls that can cause you to go through the consequences you don’t deserve.

It is vital to defend your case. You should not go through probation, jail time, or possibly add this charge to your record for something you did not do. A criminal defense lawyer can help you see your case from a different view. They can help you learn to present the facts of your case in a way that protects you.


Do I Need a Criminal Defense Attorney?

Yes, you need a Charlotte criminal defense attorney. Assault charges are taken very seriously in NC. It is important to have a strong defense. An attorney can review your case and dig out the facts of what happened. They can show a judge on your side of the story.

A criminal defense attorney can help you know whether your charge should be assault at all. Many people facing felony assault charges should not have this charge against them.

Assault and aggravated assault are not handled so differently in NC. Judges have a lot of choice in sentencing. It comes down to how a criminal defense lawyer in NC can show your case.


Contact an Attorney Today

Assault and aggravated assault can lead to jail time. Call today or reach out to the law offices of Remington and Dixon online now for assault defense. The help of a lawyer can help ease the stress of this legal process. A case review can show you the legal options available for your case.


Are consultations free?

While we offer a free consultation on traffic matters, criminal matters, and most professional license defense cases, we charge a fee for family law consultations to personalize our consultations to your specific needs. To learn about our fee structure, please get in touch.

Where can I get legal advice?

We recommend meeting with an attorney. While there is free legal help available for North Carolina residents from pro bono resources for civil matters, and public defenders for criminal cases, the best way to access tailored advice is to hire a lawyer.

Can I hire you if I’m in another state?

This is done on a case by case basis if you are involved in a family law, criminal, or professional disciplinary matter that involves another jurisdiction.



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