In a domestic dispute, it’s common to assume that if there’s no bruising, swelling, or visible wounds, then no crime has occurred. But in North Carolina, the absence of physical injury does not automatically defeat a domestic assault case. Prosecutors can still win — and victims can still seek protection.
This article explains how domestic assault is defined under North Carolina law, what evidence the state must present when no injury is shown, what defenses may apply, and how to protect your rights.
Contact a defense attorney today.
How Domestic Assault Is Defined in North Carolina
Statutory & Domestic Context
- The law of assault in North Carolina doesn’t require visible injuries. Under N.C. Gen. Stat. § 14-33, simple assault includes “the intentional application of physical force … however slight, or an attempt or threat” of that force. (LegalClarity)
- Domestic assault is an assault committed within a personal relationship (current/former spouse; cohabitant; persons sharing a child; dating partner, etc.).
- As of December 2023, a new statute — G.S. 14-32.5, the “misdemeanor crime of domestic violence” — creates a specific offense when force or threat occurs within a qualifying domestic relationship. (UNC School of Government)
- Domestic violence is defined under Chapter 50B to include acts such as attempting bodily injury, placing someone in fear of serious harm, or harassment causing substantial emotional distress. (Justia)
Because the law recognizes threats, fear, or even attempts of force, a case can proceed even when no physical mark appears.
What the State Must Prove Without Visible Injury
When the alleged victim has no bruises or physical harm, prosecutors rely on alternative evidence. To secure a conviction, the state must still prove beyond a reasonable doubt:
- Intentional act or threat
The actor must have voluntarily done something (or threatened to) that constituted force or offensive contact, not merely accidentally bumping or brushing past. - Offensive touching or reasonable fear
This can be an unwanted shove, grabbing, pushing, or any nonconsensual contact, or creating a credible fear in the victim of imminent harm—even without contact. - Domestic relationship
That the parties fall within one of the statutorily recognized domestic relationships (spouse, cohabitant, dating, shared child, etc).
Because no injury appears, the state’s case leans heavily on witness statements, audio or video recordings, consistent testimony, or corroborating evidence (such as photos of the scene, damage to surroundings, threat messages).
For example, courts have held that even a shove or grab — without leaving marks — can suffice as assault. In other words, “force however slight” is enough. (Martine Law)
Additionally, under the domestic context, prosecutors may elevate the charge under G.S. 14-32.5, making the offense a Class A1 misdemeanor rather than a simple assault (Class 2 misdemeanor). (North Carolina General Assembly)
Factors That Help or Hurt the State’s Case
When no injury is evident, certain factors become especially important:
- Consistency and credibility of victim’s testimony — Did the person recount the incident without major contradictions?
- Contemporaneous reports — Did they call police immediately, seek help, or document statements soon after the event?
- Witnesses — Were there third-party observers (neighbors, children, friends) who heard or saw the event?
- Audio/video or photographic evidence — Security cameras, phone recordings, or photos of disturbed property.
- Threatening language or prior history — Previous domestic incidents or patterns of threats may strengthen the inference of intent.
- Damage to the surroundings — For instance, broken cell phone, torn clothing, or returned items thrown about.
- Defendant’s statements or behavior — Admissions, evasive conduct, or attempting to conceal evidence.
If the state can show those elements, a jury may find guilt even absent bruises.
Possible Defenses
When there is no visible injury, a skilled defense can raise powerful counterarguments:
- No intent or mere accident
The defendant may claim the contact was accidental — e.g., brushing past, trying to avoid collision, or opening a door. - Self-defense or defense of others
If the defendant reasonably believed they faced imminent harm, use of minimal force may be justified. - Lack of fear or threat
The alleged victim may not have had a reasonable fear, or the act may not have crossed the threshold into “threat.” - Consent or mutual combat
If both parties agreed or engaged in mutual physical contact, that may undermine the claim of assault. - Insufficient evidence / credibility issues
If the state’s evidence is weak, contradictory, or based solely on the victim’s uncorroborated testimony, it may be challenged at a motion to dismiss. - False accusation or framing
Especially in high-conflict domestic contexts (custody disputes, etc.), a defense may argue the allegation was retaliatory or exaggerated. - Statutory technicalities
For example, challenging whether the parties had a qualifying domestic relationship (if G.S. 14-32.5 is charged).
If a defense successfully raises enough reasonable doubt about any element, the case may be dismissed or result in acquittal.
Strategic Considerations & Practical Tips
- Always demand discovery early: police reports, 911 calls, audio/video records, text messages, photos, witness list.
- Request a motion to dismiss if evidence is purely speculative or insufficient to prove even minimal force or fear.
- Employ expert testimony—for instance, domestic violence experts to explain dynamics, or forensic experts analyzing audio/video evidence.
- Use character or context evidence to show nonviolent history or that alleged behavior was out-of-the-ordinary.
- Negotiate with prosecutors: when the case is weak, consider plea reduction (e.g. communicating threats) or deferred resolution programs.
- Understand change in law: after December 1, 2023, new domestic violence statutes (G.S. 14-32.5) apply to certain domestic assault cases. (UNC School of Government)
Key Takeaway
Yes — the State can win a domestic assault case in North Carolina even if there are no visible injuries. The law recognizes that force, however slight, or threats invoking fear can suffice. But the state must still prove intent, contact or threat, and the qualifying relationship. Those elements turn on the quality and detail of the evidence, not bruises.
If you or someone you know faces such a charge, a skilled domestic violence defense from Martine Law can help evaluate the evidence, strategize defenses, and safeguard your rights.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.