When most people face serious charges, like assault, and risk spending time in jail or paying huge fines, they typically experience an emotional turmoil. Some may also oscillate between fear and anxiety, and anger and desire to revenge on the person who brought those charges to them. One cannot focus on learning about the law and defending their interests in court under these circumstances. That is why the best strategy to fight assault charges in North Carolina is to hire a Charlotte criminal defense attorney from Remington and Dixon. Besides allowing you to calm down and move forward from what happened, working with an attorney provides you with many other benefits, out of which the following three are the most important:
- Help understanding North Carolina’s assault laws and the penalties the charges one faces may bring about
- Proven defense strategies adapted to case particularities
- Relief, by not having to put up with bureaucracy and paperwork.
To assess whether a lawyer’s help is necessary or not, it may help to take a closer look at the above benefits.
Understanding North Carolina Assault Laws with the Help of a Charlotte Criminal Defense Attorney
Anyone interested can look up North Carolina assault laws. The problem with independent research in this field is that the text of the laws is quite technical and spread with references to other laws. Even if one manages to understand the law, figuring out where their case fits, what charges they risk, and how to fight them will take days of research.
An attorney can explain from the beginning that assault in North Carolina means hurting someone without physically touching them. Inflicting harm upon someone through physical contact or using a deadly weapon qualifies as a battery.
Depending on the severity of the injuries and the status of the victim (gender, age), charges can vary as follows:
- Simple Assault or Assault and Battery Charges – These apply when the victim does not require medical attention and there are no aggravating factors. These charges qualify as Class 2 misdemeanor.
- Charges of Assault with Aggravating Factors – These charges are more serious and range from Class C felonies to Class A1 misdemeanors. Their gravity depends on the “aggravating factors” present and the severity of the inflicted injuries. The presence of several aggravating factors pushes charges from misdemeanor to felony. Here is a list of the most common aggravating factors:
- The infliction of serious injuries
- The intention to kill or inflict serious injuries
- Deadly weapon assault
- Domestic violence
- Assault against women
- Sexual battery
- Assault against children under 12 years of age
- Assault against public officials (state employees, public transit officials, private security officers, etc.)
The penalties the above charges may bring about vary according to the gravity of one’s actions and previous charges or convictions. In case of repeat offenses, the sentence may double or triple. Here is what one risks when charged with assault:
- Class 2 misdemeanor (simple assault) – 60 days of jail time
- Class A1 misdemeanor – Assault with deadly weapon or inflicting serious injuries – 150 days of jail time
- Class F felony – Assault inflicting serious bodily harm –33 – 49 months of jail time
- Class E felony – Assault with deadly weapon and intention to kill – 50-72 months of jail time
- Class E felony – Assault with deadly weapon inflicting serious injuries – 50-72 months of jail time
- Class C felony – Assault with deadly weapon, intention to kill, and inflicting serious injuries – 146-188 months of jail time
Of course, these are mere examples of charges you could face and penalties you are at risk of receiving according to your case’s circumstances. A lawyer will be able to explain this information in more detail and let you know what to expect.
Defend Your Interests with the Help of a Charlotte Criminal Defense Attorney
Misdemeanor offenses add up and repeat offenders risk harsher penalties than first-time offenders. Therefore, it is important to defend oneself against all charges, no matter how insignificant they may seem. The best way to do it is by hiring a Charlotte criminal defense attorney and letting them identify the best defense strategy.
Although there are numerous defense strategies available for assault cases, it is important to choose the best one for each particular case, and sustain it with evidence, rather than launching several theories with no factual support. Here are some of the tactics found to work for assault cases:
- Proving that one acted in self-defense
- Proving that one acted to defend others
- Proving that the accusations are false or unjustified
- Proving that the defendant was not the person who attacked the victim (the defendant was somewhere else at the time of the assault)
- Dismounting evidence and proving its insufficiency and circumstantial character
- Eliminating aggravating factors (no evidence of deadly weapon or connection to the defendant, no motive or intention to inflict injury)
- Proving that the inflicted injuries were the result of a consensual act
- Showing that the defendant has changed, by proving participation in anger management courses, community service, therapy.
Depending on the particularities of the case, more defense strategies may be available. To help their attorney choose the best strategy and make sure the chosen strategy pays off, the defendant should share all the details of the alleged assault with an experienced criminal defense attorney.
Seek Legal Guidance from a Charlotte Criminal Defense Attorney Today
Knowing an experienced attorney will be there to fight for your interests and freedom provides comfort and relief. Not having to deal with paperwork and various legal proceedings can save valuable time and headaches. Moreover, with the help of a skilled and experienced criminal defense attorney, even those guilty of all the charges brought against them can hope to obtain a favorable verdict or at least a lesser sentence. In the end, it all comes down to working with the right attorney.
If you are looking for a skilled, dedicated, and experienced Charlotte criminal defense attorney to help you with a defense strategy, look no further than Remington & Dixon! Call (704) 247 – 7110 or use the online form to schedule the preliminary consultation, and we’ll gladly provide answers to all your questions and take over the challenges of your assault trial.
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.