What is assault under North Carolina law?
In North Carolina, the term assault broadly covers a range of actions involving threats or actual physical contact. It doesn’t always require physical injury.
Under NC General Statutes §14-33, assault includes:
- Attempting to cause physical harm
- Showing intent to harm through threatening actions
- Touching someone in a harmful or offensive way
- Engaging in violent behavior that causes fear of injury
Types of assault charges include:
- Simple assault – a misdemeanor involving minor altercations or threats
- Assault on a female – more serious if the accused is male and over 18
- Assault with a deadly weapon – a felony, especially if it causes serious harm
- Domestic assault – assault between intimate partners or family members
The severity of the charge depends on factors like injuries, weapons used, and the relationship between the people involved.
What does it mean to be falsely accused of assault?
Being falsely accused means someone has reported you for assault that you did not commit. These cases can arise from:
- Misunderstandings during heated arguments
- Retaliation in personal or custody disputes
- Mistaken identity
- False police reports filed out of anger or jealousy
Unfortunately, even without clear evidence, a false accusation can result in your arrest, damage to your reputation, job loss, and emotional distress.
Martine Law understands how damaging these situations can be. Our Charlotte criminal defense lawyers have helped many clients clear their names and regain control over their lives.
Legal steps to take immediately after a false accusation
If you’ve been falsely accused of assault, your actions in the first few hours and days can be critical. Avoid trying to “talk it out” with the accuser or law enforcement without legal support.
Step-by-step guide:
- Stay calm. Emotional reactions can be used against you.
- Do not confront the accuser. This may escalate the situation or result in new charges.
- Hire a defense attorney immediately. This is your most important move.
- Do not speak to police without legal counsel. Anything you say can be misinterpreted or used against you in court.
- Collect all evidence. Text messages, videos, witnesses, and social media posts can help prove your side.
- Document your timeline. Record where you were, who you were with, and what happened around the time of the alleged incident.
- Comply with all legal procedures. Show up for hearings and court dates as required.
Even if the accusation is completely false, law enforcement is obligated to investigate any assault claims. That means the process will proceed unless it’s properly addressed with a solid defense strategy.
Learn more about Martine Law’s criminal defense services and how we protect clients during investigations.
What happens after someone files a false assault claim?
Once an accusation is made, North Carolina law enforcement typically follows protocol. This can lead to arrests and criminal charges before evidence is fully reviewed.
Here’s what to expect:
- Police may arrest you based on the accuser’s statement alone.
- You will likely have a bond hearing. Depending on the seriousness of the charges, you may be held until bond is posted.
- A court date will be scheduled. The District Attorney decides whether to move forward with charges.
- Your attorney can investigate and challenge the case. They can uncover inconsistencies, reveal a lack of evidence, and present your side.
If the accusation is proven false, your lawyer can push for a dismissal. If the accuser is shown to have lied intentionally, they may face perjury or filing a false police report.
Possible defenses to fight a false assault charge
Even if you’re innocent, you need a strong legal strategy to clear your name. The burden of proof is on the prosecution, but your defense lawyer plays a vital role in protecting your rights.
Effective legal defenses include:
- Alibi evidence – showing you were somewhere else at the time
- Witness testimony – friends, coworkers, or others who saw what really happened
- Lack of evidence – proving there are no credible signs of an assault
- Video or digital proof – such as security footage or GPS data
- Self-defense – if you were trying to protect yourself or someone else
- Recanting by the accuser – if they later admit to lying
Martine Law has successfully defended clients across North Carolina against false assault charges by building airtight legal strategies. Contact us today to get help.
Common consequences of a false accusation
Even when you’re not convicted, the impact of being falsely accused can linger.
You may face:
- Job loss or suspension
- Professional license jeopardy
- Damage to your personal relationships
- A tarnished criminal record
- Public embarrassment or media exposure
- Loss of child custody or visitation rights
If convicted of assault, penalties may include:
- Jail time – even simple assault carries up to 60 days for first offenses
- Fines and probation
- Restraining orders or OFPs
- Felony record if weapon or injury involved
Being proactive is the best way to protect your future. The longer you wait, the more difficult it becomes to fix the situation.
Frequently asked questions
What if the accuser admits they lied?
If the accuser recants, your attorney can file for a dismissal or move to suppress earlier statements. However, prosecutors can still proceed if they believe there’s enough evidence.
Can I sue someone for falsely accusing me?
Yes. You may file a civil lawsuit for defamation or malicious prosecution. But that typically happens after the criminal case is resolved.
Do I still need a lawyer if I know I’m innocent?
Absolutely. Innocence isn’t enough without proof. A skilled defense attorney will protect your rights and challenge the prosecution’s case.
Can I get my record expunged if I’m found not guilty?
Yes. North Carolina allows expungement for charges that were dismissed or resulted in a not guilty verdict. Your attorney can guide you through the process.
Key takeaways and next steps
- False accusations of assault are serious. Don’t assume they’ll go away on their own.
- Hiring a defense lawyer immediately is the most critical step.
- Document everything. Evidence is your greatest ally.
- Stay calm and avoid all contact with the accuser.
- With the right legal strategy, false charges can be beaten — and even erased.
Facing false assault charges in North Carolina?
Let the experienced team at Martine Law defend your future and clear your name.