In North Carolina, words and actions that seem threatening can quickly turn into criminal charges—but not all threats or confrontations are treated the same under the law. Two of the most commonly confused offenses are assault and communicating threats. While they may sound similar, they involve different conduct, evidence, and potential penalties.
At Martine Law, we represent people facing both types of charges and help them understand what the state must prove—and what defenses may apply. A misunderstanding, argument, or moment of anger doesn’t always amount to a crime. Knowing the difference between assault and communicating threats is the first step toward protecting your rights.
You can review the legal definitions in the North Carolina General Statutes, Chapter 14, which governs both assault and threat-related offenses.
What Is Assault Under North Carolina Law?
Unlike many states, North Carolina doesn’t have a single written statute defining “assault.” Instead, the courts rely on common law—long-standing judicial definitions. Generally, an assault occurs when someone:
- Attempts to physically injure another person, or
- Shows an apparent ability and intent to cause immediate harm, creating reasonable fear in the victim.
Importantly, you can be charged with assault even if no physical contact occurs. Simply trying to hit someone or raising a fist in a threatening way may be enough if it causes fear of imminent harm.
If physical contact actually happens, it’s classified as assault and battery or affray, depending on the situation.
Types of Assault Charges in North Carolina
Assault offenses vary based on the alleged conduct and injuries involved:
- Simple Assault (N.C. Gen. Stat. § 14-33(a)) – A misdemeanor charge for threatening or attempting to injure another person without serious harm.
- Assault Inflicting Serious Injury (§ 14-33(c)(1)) – Applies when the victim suffers significant physical injury.
- Assault with a Deadly Weapon (§ 14-33(c)(1) & § 14-32) – Charged when a weapon or dangerous object is used or displayed.
- Assault on a Female (§ 14-33(c)(2)) – Applies when a male aged 18 or older assaults a female.
- Aggravated Assaults (§ 14-32) – Felony-level offenses that involve intent to kill, deadly weapons, or serious injury.
Assault cases require the prosecution to prove intent, not just anger or reckless behavior. For example, accidentally bumping someone in an argument is not assault unless there was an intent to harm or cause fear.
What Is “Communicating Threats” in North Carolina?
Communicating threats is a separate offense under N.C. Gen. Stat. § 14-277.1. It involves using words, gestures, or actions to threaten another person—but without necessarily attempting or intending to carry out physical harm.
A person can be convicted if the state proves all four elements:
- The defendant threatened to physically injure another person or damage their property.
- The threat was communicated, whether verbally, in writing, or electronically (such as a text or social media message).
- The threat was made in a way that would make a reasonable person believe it would be carried out.
- The threat caused the victim to actually fear it would be carried out.
Unlike assault, no physical movement or attempt is required. The crime lies in the communication and perception of the threat.
Key Differences Between Assault and Communicating Threats
| Aspect | Assault | Communicating Threats |
| Type of Conduct | Physical attempt or act that causes fear of immediate harm. | Verbal, written, or electronic threat of future harm. |
| Physical Contact Required? | No, but must show intent or attempt to injure. | No physical contact or attempt required. |
| Fear Requirement | Victim must reasonably fear immediate harm. | Victim must reasonably believe the threat will be carried out. |
| Timing | Focuses on immediate danger. | Focuses on future or conditional harm. |
| Intent | Intent to cause fear or injury. | Intent to communicate a credible threat. |
| Example | Raising a fist as if to strike. | Sending a text saying “I’ll find you and hurt you.” |
Both crimes can overlap—someone who verbally threatens and then lunges toward another person could face both assault and communicating threats charges.
Penalties for Each Offense
Assault:
- Simple assault is a Class 2 misdemeanor, punishable by up to 60 days in jail and a fine.
- Assault on a female, child, or disabled person is a Class A1 misdemeanor, with up to 150 days in jail.
- Aggravated assaults can become Class E, F, or C felonies, depending on intent, injury, and weapon use.
Communicating Threats:
- A Class 1 misdemeanor, punishable by up to 120 days in jail and fines.
- Enhanced penalties may apply if threats are made against law enforcement, court officials, or through electronic means (cyberstalking or harassment under § 14-196.3).
A conviction for either offense can also result in protective orders, loss of firearm rights, and a permanent criminal record that impacts employment and housing.
How Prosecutors Try to Prove Each Charge
For Assault:
- Testimony from the alleged victim or witnesses describing the attempt or fear of harm.
- Video footage or photographs showing gestures, actions, or physical contact.
- Statements suggesting anger, threats, or aggression.
- Evidence of injuries or medical reports.
For Communicating Threats:
- Recordings, texts, emails, or social media posts.
- Testimony about tone, timing, and context.
- Evidence of prior disputes or motive.
- Proof that the victim genuinely felt fear and that fear was reasonable.
Intent is often inferred from circumstances—what was said, how it was said, and what actions followed. A strong defense can challenge each of these assumptions.
Defenses to Assault and Communicating Threats Charges
Being charged doesn’t mean you’re guilty. There are several legal defenses that may apply, including:
- Lack of intent: You did not intend to threaten or harm anyone.
- Self-defense or defense of others: Your actions were a lawful response to aggression.
- No reasonable fear: The alleged victim’s fear was exaggerated or unreasonable.
- False accusation or misunderstanding: The event or communication was misinterpreted.
- Lack of credible threat: Statements were made in anger or frustration without intent to follow through.
- Free speech protection: In some cases, statements may be protected under the First Amendment if they don’t meet the legal threshold of a true threat.
At Martine Law, we analyze every detail of the case—from police reports to witness credibility, to identify weaknesses in the prosecution’s theory and build the strongest possible defense.
Why These Cases Require Skilled Legal Defense
Both assault and communicating threats are often based on subjective perceptions rather than clear physical evidence. One person’s fear can be another’s misunderstanding.
That’s why having an experienced defense attorney is essential. At Martine Law, we:
- Investigate inconsistencies in the accuser’s story.
- Review digital communications and video evidence.
- Challenge intent and the “reasonableness” of the alleged fear.
- Negotiate for dismissals or reduced charges when possible.
If you’re facing charges for assault or communicating threats in North Carolina, you need a defense that protects both your rights and your reputation.
Contact Martine Law today to speak with a criminal defense attorney who will fight for you every step of the way.