An assault charge can escalate quickly and carry lasting consequences. Martine Law provides experienced legal defense from the start.
Simple Assault Lawyers in North Carolina
NC State Bar Licensed
Judicial Insight
6
Years Experience
24
Available
4000
Cases Handled
North Carolina Assault Charges Classified by Severity
Understanding Aggravated Assault Charges and Penalties
Assault charges are classified based on injury severity, weapon involvement, intent, and the status of the alleged victim under criminal law.
| Charge | Statute | What It Covers | Max Sentence | Classification |
|---|---|---|---|---|
| Simple Assault | § 14-33(a) | Attempted or actual offensive physical contact without serious injury | 120 days | Class 2 Misdemeanor |
| Assault on a Female | § 14-33(c)(2) | Assault committed by a male at least 18 years old against a female | 150 days | Class A1 Misdemeanor |
| Assault Inflicting Serious Injury | § 14-33(c)(1) | Assault causing serious injury without a deadly weapon | 150 days | Class A1 Misdemeanor |
| Assault With a Deadly Weapon | § 14-33(c)(1) | Assault involving a deadly weapon without intent to kill | 150 days | Class A1 Misdemeanor |
| Assault by Strangulation | § 14-32.4(b) | Assault involving strangulation causing physical injury | 39 months | Class H Felony |
| Assault With a Deadly Weapon Inflicting Serious Injury | § 14-32(b) | Assault with a deadly weapon causing serious bodily injury | 59 months | Class E Felony |
Aggravating Factors That Increase Charges
- Causing bodily harm or visible injury
- Use or display of a weapon
- Assault against a protected person
- Prior assault or violent crime history
- The alleged victim is a vulnerable individual (minor or elderly)
- Incident occurring in a protected setting (school, workplace, etc.)
- Violation of a restraining or protective order
Consequences Beyond Jail Time
- Permanent criminal record affecting jobs and housing
- Loss of firearm rights under state and federal law
- Immigration risks, including deportation or visa denial
- Suspension or loss of professional licenses
- Court-ordered no-contact or protective orders
- Reduced access to public housing and benefits
- Possible civil lawsuits from the alleged victim
NOTE: Final penalties depend on the charge level, criminal history, and surrounding facts. An experienced lawyer can challenge evidence and seek reduced charges whenever possible.
DEFENSE STRATEGIES
How Our Simple Assault Lawyers Build Your Defense
Martine Law reviews the facts early to build a defense that protects your rights.
Self-Defense
State law allows reasonable force when protecting yourself from an immediate threat. We examine the complete sequence of events, witness accounts, injury documentation, and surrounding circumstances.
Defense of Another Person
Using force to protect another individual from immediate harm may be legally justified. We gather evidence showing your actions were necessary under the circumstances.
Lack of Intent
Many assault charges require proof of intentional conduct. If the incident was accidental, misunderstood, or lacked criminal intent, we challenge the prosecution’s theory directly.
False or Exaggerated Claims
Personal disputes, domestic conflicts, and emotional situations can lead to inaccurate accusations. We review inconsistencies, prior statements, motives, and credibility concerns.
Illegal Search or Detention
Evidence gathered through unconstitutional searches, unlawful stops, or improper police conduct may be challenged and potentially excluded from court.
Witness Credibility Challenges
Witness testimony is not always reliable. We examine inconsistencies, visibility issues, personal bias, and conflicting accounts that weaken the state’s case.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt. We identify gaps in police reports, unsupported allegations, weak forensic evidence, and unreliable testimony.
Mitigating Circumstances
When appropriate, we present evidence involving employment history, rehabilitation efforts, personal background, and other mitigating factors to pursue reduced penalties.
WHY CHOOSE US
What Sets Our Simple Assault Attorneys Apart
Statewide Courtroom Experience
Regular appearances in courts across North Carolina, including Charlotte, Raleigh, Gastonia, Durham, Mooresville, and surrounding areas.
Experienced Assault Defense
We understand the prosecution strategies commonly used in assault cases and use that insight to strengthen your defense.
Evidence-First Approach
We move quickly to preserve surveillance footage, bodycam recordings, phone evidence, and witness statements before they disappear.
Available Around the Clock
We are available nights, weekends, and holidays for urgent legal support when you need it most.
Charged with Simple Assault? Speak with a defense attorney now! →
CRIMINAL COURT PROCESS
What to Expect as Your Case Moves Through State Court
From arrest through final resolution, here is what typically happens in a North Carolina assault case.
COMMON QUESTIONS
Frequently Asked Questions
What is considered simple assault?
Simple assault generally involves attempting to cause injury, threatening violence, or making unlawful physical contact without serious injury or aggravating factors.
Is jail time mandatory for a simple assault conviction?
Not always. First-time offenders may qualify for probation, deferred prosecution, or reduced penalties depending on the facts and criminal history.
Will a simple assault conviction stay on my record?
Yes. A conviction may appear on criminal background checks and affect employment, housing, and professional licensing opportunities.
Can assault charges be dismissed?
Yes. Charges may be challenged based on self-defense, insufficient evidence, inconsistent witness statements, or constitutional violations during the investigation.
How long does a simple assault case usually take?
Many misdemeanor assault cases resolve within several months, while felony assault matters often take longer, depending on the court schedule and complexity of the case.
RELATED DEFENSE AREAS
Other Assault and Criminal Defense Services
Other Assault and Criminal Defense Services
Felony Assault
Representation for serious assault allegations involving substantial injury or felony-level violence.
Protected Victim Assault
Legal defense for assault charges involving officers, healthcare workers, or protected individuals.
Enhanced Misdemeanor Assault
Support for misdemeanor assault charges carrying enhanced penalties under specific circumstances.
Battery
Public fighting or mutual combat allegations that may lead to misdemeanor criminal charges.
Aggravated Assault
Representation for serious assault involving weapons or severe injury.
Simple Affray
Representation for public fighting allegations involving mutual physical confrontation or disturbance.
DON’T DELAY – ACT FAST
Talk to a Simple Assault Defense Attorney Today
Delays can hurt your defense as evidence disappears and witness memories fade. Contact our team today to protect your rights and begin building your defense strategy.