Being accused of assault is stressful under any circumstances. But when the allegation happens at your workplace, the situation can permanently damage your career development.
You may face criminal charges, damage to your reputation, and serious consequences that can have a direct impact in your future and economy.
If you’ve been accused of assault at work in North Carolina, it’s important to understand the legal process, possible penalties, and employment impacts, and why hiring a criminal defense lawyer is essential.
How North Carolina Defines Assault
In North Carolina, assault generally means an unlawful attempt or act to cause physical harm, or an action that creates fear of imminent harm. (N.C. Gen. Stat. § 14-33)
Assault charges range from misdemeanors to felonies depending on factors such as:
- Injury level (serious vs. minor)
- Use of a weapon
- Victim type (coworker, supervisor, disabled person, or other protected class)
- Prior record of the accused
What Happens Legally If You’re Accused
- Investigation
- If the alleged assault occurred at work, employers often call law enforcement.
- Police may interview witnesses, gather statements, and review any available video footage.
- Criminal Charges
- The district attorney decides whether to file charges.
- Even without serious injury, you may still face misdemeanor assault charges.
- If aggravating factors exist (like a weapon or serious harm), you may face a felony assault charge.
- Court Process
- You’ll be required to appear in court.
- Depending on the circumstances, the case may be heard in district court (misdemeanor) or superior court (felony).
- If convicted, penalties may include jail, probation, fines, or community service.
Penalties for Assault in North Carolina
Misdemeanor Assault
- Simple assault: Class 2 misdemeanor, up to 60 days in jail and fines.
- Assault with minor injury or on certain victims (e.g., women, children, state employees): Class A1 misdemeanor, up to 150 days in jail.
Felony Assault
- Assault with a deadly weapon causing serious injury: Class E felony, months to years in prison.
- Habitual assault (repeated convictions): Class H felony, up to 25 months in prison.
The severity of the charge depends on the specific facts of the incident.
Employment Consequences of Assault Accusations
Even if your case is still pending, being accused of assault at work can affect your job immediately.
- Administrative leave: Employers may suspend you during the investigation.
- Termination: Many employers fire workers after an arrest, especially in sensitive industries.
- Professional licenses: Nurses, teachers, or other licensed professionals may face disciplinary action.
- Background checks: A conviction—even for a misdemeanor—will appear on criminal records, potentially limiting future job opportunities.
What You Should Do If Accused
If you’ve been accused of assault at work in North Carolina, take these steps right away:
- Do not discuss the incident with coworkers, supervisors, or police without legal counsel.
- Contact a criminal defense lawyer immediately. An attorney can protect your rights, handle communication, and develop a defense.
- Document your side of the story. Write down details, times, witnesses, and anything that supports your case.
- Gather evidence. If there are emails, texts, or video footage, share this with your lawyer.
- Understand employment rights. In addition to criminal defense, you may need guidance on workplace consequences.
Defenses Against Assault Accusations
An experienced attorney may use several defenses, depending on the facts:
- Self-defense or defense of others
- Mutual combat (both parties willingly engaged in a fight)
- False allegations made due to workplace conflict
- Lack of evidence or unreliable witnesses
A lawyer’s goal is to either get charges dismissed, reduced, or fight them in court if necessary.
Key Takeaways
- Assault at work in North Carolina can lead to criminal charges and job loss.
- Penalties range from misdemeanors to serious felonies depending on the circumstances.
- Even before trial, accusations may result in suspension or termination.
- Early legal representation is critical to protect both your record and your career.
If you’ve been accused of assault at work in North Carolina, your freedom and livelihood are on the line. At Martine Law, our criminal defense attorneys fight to protect your rights, defend your reputation, and help you move forward.
Contact us today for a confidential consultation: Martine Law Contact Page.