Assault is one of the most common criminal charges in North Carolina, but many people misunderstand what the law actually considers an “assault.” Unlike some other states, North Carolina does not have one single statute that defines assault. Instead, courts rely on both statutes and case law to explain what conduct qualifies.
If you are facing an assault charge, understanding the statutory meaning, examples, and possible defenses can help you know what to expect and how to protect your rights.
Statutory Meaning of Assault in North Carolina
In North Carolina, assault is generally defined as either:
- An unlawful attempt to cause physical harm to another person, or
- An act or threat that places another person in fear of imminent bodily harm.
This means that an actual physical injury is not always required. Even threatening gestures or words—if they create a reasonable fear of immediate harm—can be prosecuted as assault.
The main statute covering misdemeanor assault is N.C. Gen. Stat. § 14-33, which outlines different levels of assault depending on the circumstances, injuries, and victims involved. More serious assaults fall under felony statutes such as N.C. Gen. Stat. § 14-32.
Examples of Assault Under NC Law
Because assault includes both attempts and threats, the range of conduct is broad. Some examples include:
- Trying to punch someone but missing
- Raising a fist or weapon in a threatening way
- Physically striking another person during an argument
- Shoving or pushing someone in anger
- Threatening to hurt someone if the words are backed by actions showing intent
Even without serious injury, prosecutors may bring charges if they believe your actions created fear or risk of harm.
Types of Assault Charges in North Carolina
Misdemeanor Assault
- Simple assault: Class 2 misdemeanor, up to 60 days in jail.
- Assault on a female: Class A1 misdemeanor, up to 150 days in jail.
- Assault on a child under 12, a state employee, or a public officer: Class A1 misdemeanor, also up to 150 days.
Felony Assault
- Assault with a deadly weapon: Class E felony if it causes serious injury, punishable by years in prison.
- Assault inflicting serious bodily injury: Class F felony.
- Habitual misdemeanor assault: Class H felony if you have two or more prior assault convictions within 15 years.
The specific charge depends on the facts of the incident and the defendant’s criminal history.
Common Defenses to Assault Charges
Being charged with assault does not mean you will automatically be convicted. Several defenses may apply, depending on the circumstances:
1. Self-Defense
If you used force to protect yourself from an imminent attack, it may be a valid defense. North Carolina law allows reasonable force when you believe you are in danger.
2. Defense of Others
You may also be justified in using force if you were protecting another person from harm.
3. Lack of Intent
Accidental contact or unintended actions do not meet the definition of assault, which requires intent.
4. Consent or Mutual Combat
If both parties willingly engaged in a fight, it may reduce or challenge the assault charge.
5. False Accusations
Unfortunately, assault charges sometimes arise from exaggerations or false reports. Witness testimony, video evidence, or inconsistencies in the accuser’s story may expose a false claim.
Why Assault Charges Are Serious
Even a misdemeanor assault conviction can have lasting consequences:
- Jail time, probation, or fines
- A permanent criminal record that appears on background checks
- Loss of professional licenses or jobs in sensitive fields
- Immigration consequences for non-citizens
- Strained family and personal relationships
For felony assault, the stakes are even higher, with potential years in prison and lifelong restrictions.
Why You Need a Lawyer
Many people mistakenly believe that an assault charge will “blow over” if no one was seriously injured. This is rarely the case. Prosecutors aggressively pursue assault cases in North Carolina, and even a first offense can carry lasting consequences.
An experienced assault defense attorney can:
- Review the facts and identify strong defenses
- Gather evidence such as witness statements, surveillance footage, or medical reports
- Negotiate with prosecutors for reduced charges or alternative sentencing
- Defend you in court if the case goes to trial
Going without a lawyer risks not only harsher penalties but also a permanent record that can affect your future. Contact a criminal defense lawyer.
Key Takeaways
- Assault in North Carolina includes attempts, threats, and acts that create fear of immediate harm—not just physical injuries.
- Charges range from misdemeanors to felonies, depending on circumstances, injuries, and prior history.
- Defenses include self-defense, defense of others, lack of intent, consent, or false accusations.
- Even minor assault charges can have serious long-term consequences.
- Having a lawyer is the best way to protect your rights and build a strong defense.
If you’ve been accused of assault in North Carolina, you should act quickly to protect yourself. At Martine Law, we provide strategic, compassionate defense for clients facing assault charges, helping them navigate the system and work toward the best possible outcome.