Violent Crimes

COMMON QUESTIONS

Asked When Facing Assault & Battery Charges

What if the police want me to come in and make a statement about an incident but I haven’t been charged with anything yet. Won’t it make me look more guilty if I don’t talk to them?

No. Look at it this way—if the police had enough to charge you, they almost certainly already would have. If they are asking you to come in for a voluntary statement, that is their way of hoping you will do their work for them and provide incriminating statements. Talk to a lawyer first. With solid defense representation, you stand a much better chance of understanding how any evidence will be used against you so that you can better strategize the strongest defense.

The most important thing to remember throughout this process is that you are NEVER required by law to talk to the police without talking to a lawyer first. Once you are officially detained, your Miranda rights kick in and you can—and should—invoke them and state you want an attorney before answering any questions. Once you are officially charged, you also have the constitutional right to the assistance of counsel. But even if you have not been detained or officially charged—you still are not obligated to speak to the police before speaking to/hiring an attorney.

How Are Assault And Battery Different?

For battery charges to be filed, the victim must be touched by the person who is committing the crime. However, if the victim was not touched, only threatened, then the crime is considered assault.

What May Happen If A Person Is Convicted Of Assault?

Convictions of assault can stay on a person’s record for the remainder of their life. They may have to spend time in jail or prison, pay a rather large monetary fine or even both.

Do You Have To Speak To The Police After An Arrest?

The answer is NO, you have the right to remain silent. You typically don’t have to answer even if you’re under arrest. A police officer generally cannot arrest a person simply for failure to respond to questions. There are, however, situations where you might have to provide information like identification.

The Miranda Rights State What?

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

What Are Your Miranda Rights?

The Miranda warning (from the U.S. Supreme Court’s Miranda v. Arizona decision), requires that officers let you know of certain facts after your arrest, before questioning you. An officer who is going to interrogate you must read the Miranda Rights prior to the questioning or interrogation, especially if the officer or officers want to use the answers as evidence at trial..

When The Miranda Rights Are Not Required?

The Miranda warning is not required if you are not in custody and anything you say can be used at trial. Police officers often avoid arresting people—and make it clear to them that they’re free to go—precisely so they don’t have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

NORTH CAROLINA

TYPES OF ASSAULT & PENALTIES

Malicious Maiming

If any person shall, of malice aforethought, unlawfully cut out or disable the tongue or put out an eye of any other person, with intent to murder, maim or disfigure, the person so offending, his counselors, abettors and aiders, knowing of and privy to the offense, shall be punished as a Class C felony.

Castration or Maiming

If any person shall, on purpose and unlawfully, but without malice aforethought, castrate, disfigure, cut, slit the nose, bite or cut off the nose, lip, ear, or disable any limb or member of any other person with intent to kill, maim, disfigure, disable or render impotent shall be punished as a Class E felony.

Female Genital Mutilation

A person who knowingly and unlawfully circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a child less than 18 years of age is guilty of a Class C felony

Malicious Castration

If any person, of malice aforethought, shall unlawfully castrate any other person, or cut off, maim or disfigure any of the privy members of any person, with intent to murder, maim, disfigure, disable or render impotent such person, the person so offending shall be punished as a Class C felony.

Simple Assault

Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. Some examples of a simple assault would be striking, kicking, or biting the victim or attempting to do, even if they suffer no physical harm.

Assault on a Female

Assault on a female is considered the most serious of A1 misdemeanors. When a 18 years or older male threatens impending physical harm or has offensive physical contact with the victim. Upon conviction, a person could be sentenced ..

Assault with Deadly Weapons

Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon. If you committed the assault with the intent to kill or caused serious injuries, including threats, or prior angry incidents between the accused person and victim.

Assault by Strangulation

Assault inflicting serious bodily injury; strangulation; penalties. … (b) Unless the conduct is covered under some other provision of law providing greater punishment, any person who assaults another person and inflicts physical injury by strangulation is guilty of a Class H felony.

Assault with the Intent to Kill

Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felony.

Assault with Pointing a Gun

If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor.

Assault in a Secret Manner

If any person shall in a secret manner maliciously commit an assault and battery with any deadly weapon upon another by waylaying or otherwise, with intent to kill such other person, notwithstanding the person so assaulted may have been conscious of the presence of his adversary, he shall be punished as a Class E felon

Throwing Acid or Alkali

If any person shall, of malice aforethought, knowingly and willfully throw or cause to be thrown upon another person any corrosive acid or alkali with intent to murder, maim or disfigure and inflicts serious injury not resulting in death, he shall be punished as a Class E felony.

RESOURCES AND HELP FOR

ASSAULT VICTIMS

All victims of criminal offenses have the rights listed here. Victims of certain, more serious crimes also have additional rights described in North Carolina’s Crime Victims Rights Act.

A CRIME VICTIM’S RIGHTS AND RESOURCES

As a victim, you have certain rights. The following information is provided by the North Carolina Conference of District Attorneys.

• The RIGHT to be given information about the crime, how the criminal justice system works, the rights of victims and the availability of services. The District Attorney has a staff of prosecutors, legal assistants and victim service coordinators to assist you through the process. To request services and further notifications, you should fill out and return the Victim Impact Statement to the District Attorney’s Office.
• The RIGHT, upon request, to reasonable, accurate and timely notice of court proceedings. If you want to be kept up to date on court proceedings, conviction, or sentencing of the accused, you must opt-in for notification services through the Victim Impact Statement and keep the District Attorney’s Office up to date with your contact information. You may find or search court dates by defendant name, and also subscribe to court date notifications for criminal cases (primarily district court) via email or SMS / text message.
• The RIGHT, upon request, to be present and heard at court proceedings involving the plea, conviction, sentencing, or release. The District Attorney’s Office can assist you in developing your Victim Impact Statement for the court.
• The RIGHT, upon request, to receive notification of escape, release, proposed parole or pardon or notice of a reprieve or commutation of the accused’s sentence. To receive information about a defendant’s confinement or release, register with NC SAVAN (North Carolina Statewide Automated Victim Assistance and Notification) at 1-877-NC-SAVAN or www.ncsavan.org. NC SAVAN is a statewide notification system that will notify you should the defendant be released from jail.To receive information about people on probation, in prison or on parole, contact the N.C. Department of Public Safety, Victim Services at 1-866-719-0108 to enroll in their notification program.
• The RIGHT to receive restitution when ordered by the court. Your Victim Impact Statement should include any financial loss you have experienced. In the event of non-payment of restitution, contact the N.C. Department of Public Safety, Victim Services at 1-866-719-0108.
• The RIGHT, upon request, to receive information about the conviction, final disposition and the sentence. If the defendant is found, or pleads guilty, and is sentenced to a confinement facility, you have a right to information about appeals and release dates. If the defendant appeals the case, upon your request, your information will be forwarded to the Attorney General for assistance through the appellate process. If the defendant is found not guilty, your case is over and will not proceed any further.
• The RIGHT to reasonably confer with the District Attorney’s Office. Please contact the District Attorney’s Office for assistance.
• The RIGHT to present the victim’s views and concerns in writing, to the Governor or agency considering action, that could result in the release of the accused.

WHERE ELSE CAN I GET HELP?

For more general information about victims’ rights, see the websites of the North Carolina Conference of District Attorneys and the North Carolina Attorney General’s Office. Both sites provide additional information for crime victims and can help connect victims with community services and information about financial assistance. Specific information is available on the Attorney General’s website for victims of elder abuse, identity theft, consumer scams, domestic violence, sexual assault and human trafficking.

The North Carolina Victim Assistance Network also provides information and assistance for crime victims, including a directory of local resources and statewide hotlines. You can find a directory of local domestic violence service providers here and a directory of local rape crisis centers here. You can also view the courts’ Victim Information Sheet online.