Aggravated Assault In North Carolina
What is aggravated assault and what penalties will a conviction carry?
Technically, North Carolina does not have a crime called “aggravated assault.” Assault offenses are designated as either misdemeanor assault or felonious assault. Felonious assault refers to offenders using a deadly weapon with the intent to kill. When someone refers to aggravated assault in North Carolina, it usually refers to misdemeanor assault with an associated aggravating factor. This article explains the requirements of an assault charge and the related aggravating factors as well as some of the penalties an offender will face if convicted.
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What is Assault?
“Assault” occurs when a person is put in apprehension of harmful or offensive contact. This generally includes situations wherein one person attacks or attempts to harm another person. For example, taking a swing at someone is a “simple assault” and is a Class 2 misdemeanor. But attacking someone with a weapon or actually causing physical harm can elevate this charge.
What is Aggravated Assault?
An assault that includes certain aggravating factors—synonymously called aggravated assault—will carry increased penalties. This list includes assaults against women, children, state employees, and bus drivers as well as assault with a deadly weapon. Assault with a deadly weapon can include brandishing a gun, swinging a knife, or even swerving towards a person with a motor vehicle.
An assault that resulted in serious injury—though technically called assault and battery—will carry the same penalties as an aggravated assault charge.
What are the penalties for Aggravated Assault?
As a class A1 misdemeanor, an aggravated assault conviction carries a maximum 60 or 150 days in jail, depending on the offender’s criminal history. There is no maximum fine for aggravated assault and the amount is fully within the discretion of the court.
Offenders with prior assault convictions will have 30 days of jail added to their sentence. An offender with two prior assault convictions will be habitual offender and face Class H felony penalties.
After release from jail, the offender will be placed on probation for up to a year. If the offender had a personal relationship to the victim and a minor was present, probation will be supervised.
Persons convicted of aggravated assault are also barred from obtaining a concealed-carry permit.
What are my options?
If you have been charged with any form of assault, you should contact an attorney immediately to discuss your options. As an intent-specific crime, the prosecutor must prove that the offender’s actions were not just accidental. Furthermore, a skilled attorney may be able to negotiate a reduced charge or even a diversion agreement to avoid a conviction entirely.
Citations:
City of Greenville v. Haywood, 1998, 130 N.C.App. 271, 502 S.E.2d 430. Definition of assault.
N.C. Gen. Stat. Ann. § 14-33.2. Habitual Assault
N.C. Gen. Stat. Ann. § 14-415.12. Concealed Carry
N.C. Gen. Stat. Ann. § 14-33. Misd Assault
N.C. Gen. Stat. Ann. § 14-32. Felony Assault
State v. Sawyer, 1976, 221 S.E.2d 518, 28 N.C.App. 490. Vehicular Assault.
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