If you’ve been charged with assault and/or battery in Charlotte, North Carolina, you need to fully understand the implications of the charges, and talk to an attorney. There is no legal requirement to hire a Charlotte, North Carolina, criminal defense attorney to represent you, but you definitely don’t want to go up against these charges all by yourself. The criminal justice system can be complicated and intimidating, and to succeed in getting the best outcome for your situation, you want an experienced and skilled attorney representing you and explaining your options.
Making Sense of Your Criminal Assault and Battery Charges in Charlotte, North Carolina
It is important to understand that there are different types of assault and battery crimes that you might be accused of
in Charlotte, North Carolina. If you are being accused of physically injuring another person, the victim, then you are facing assault and battery. If you are accused of threatening to physically injure someone or attempting to do so, then you are likely only facing assault charges, or ‘simple assault.’ However, if you were involved in a fight with another person, in which both parties were mutually involved and neither party was acting in self defense or unable to walk away, then you might be facing charges associated with what is called an affray. If you do not use a deadly weapon, then you are likely facing misdemeanor charges rather than felony charges for the offense.
Forms of Assault that Fall Under Class 2 Misdemeanors in Charlotte, North Carolina
The Class 2 Misdemeanors in a Charlotte, North Carolina, criminal assault case are associated with simple assault, assault and battery, and affray charges, where only minor injuries result from the incident. If the victim did not need medical attention, then you are likely facing a Class 2 Misdemeanor. As long as you do not have a history of assault crimes, you are likely to get probation and a jail sentence of up to 30 days. You may also end up with a fine. You are more likely to pay a fine, of as much as $1,000 and also spend up to 60 days in jail, if you have a history of assault convictions.
Forms of Assault that Fall Under Class A1 and Class 1 Misdemeanors in Charlotte, North Carolina
There are many different reasons that your charges might be more than a Class 2 Misdemeanor and extend into the range of Class A1 and Class 1 Misdemeanors. This can happen because the victim sustained serious injuries that required medical attention. It can happen because you allegedly used a deadly weapon in the assault. It can happen because your alleged crime involved domestic violence or sexual assault. Finally, it can happen because the alleged assault was against a particular person. There are a few different types of victim that this applies to, including children, women (if you are an adult male), school employees, sports officials, police officers, other state employees, or security officials.
When Assault and Battery Leads to Serious Injury in Charlotte, North Carolina
If you are accused of assault and battery that resulted in serious injury to the victim, then you are likely facing a Class A1 Misdemeanor. In this context, a serious injury is any injury that necessitated medical treatment, even if the victim did not seek medical treatment. Thus, if there is a wound that would require stitches, but the victim chooses not to get stitches, then this could still be considered a serious injury. The victim does not have to actually seek medical treatment, but the injury must be serious enough that it could have required medical treatment.
When Assault and Battery Involves the Use of a Deadly Weapon in Charlotte, North Carolina
Any time someone is threatened with a deadly weapon, this a Class A1 Misdemeanor assault crime. A deadly weapon could be a gun, as you would imagine, but it could also be a number of other things. It might be a knife, a baseball bat, or any other blunt or sharp object that was used to threaten the victim. If the weapon could have been deadly if used as threatened, then it is a Class A1 Misdemeanor.
When Assault and Battery Involves Domestic Violence in Charlotte, North Carolina
Domestic violence refers to any assault and battery crime that is committed against someone with whom the accused has a personal relationship. However, this is not a Class A1 Misdemeanor unless the incident results in actual physical harm to the victim, and if the incident occurs in front of a child. The personal relationship is not necessarily the spouse, as often presumed when you hear the term, ‘domestic violence.’ Rather, it can be a spouse, a child, a grandchild, an ex, or anyone else who is or has been a part of your family or your household.
When Assault and Battery Involves Sexual Battery in Charlotte, North Carolina
It is important to understand that sexual battery, which is also a Class A1 Misdemeanor, does not only refer to situations where someone is raped. Rather, it refers to any kind of unwanted sexual contacted that is forced upon the victim. Yet, it also refers to any sexual contact with someone who is incapable of giving consent, such as a mentally or physically disabled person or a person who is not conscious.
Consequences for Assault and Battery Convictions in Class A1 and Class 1 Misdemeanor Cases
The consequences for Class A1 and Class 1 Misdemeanor assault and battery charges in Charlotte, North Carolina are more severe than the consequences for Class 2 Misdemeanor assault and battery charges. You can spend up to 60 days in jail for your first offense, and up to 150 days in prison for a subsequent offense. Further, you will have to deal with probation and a fine that is determined by the judge.
Contact Remington & Dixon to Learn More About Your Charges and Your Options
It is important to fully understand what you are being accused of, what consequences you are likely to face, and what your options are to get the best outcome from your criminal case in Charlotte. The attorneys at Remington & Dixon have experience with assault and battery cases in Charlotte, North Carolina, and we are here to discuss the charges that you are facing and how to proceed with your defense.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.