Goldsboro Assault & Battery Defense Lawyer
Principled and Committed Advocacy to Protect Your Rights as a Defendant
Assault and battery crimes are some of the most common types of violent offenses. Whether you have been accused of misdemeanor assault or domestic battery, our defense attorneys at Strickland Agner Pittman are here to defend you against your charges. We firmly believe in your right to justice, and we understand how unfairly challenging and confusing the criminal justice system can be. We are here to guide you through the defense process in the face of assault and battery allegations, and we will develop a personalized legal strategy that achieves as favorable an outcome as possible.
Learn more about how Strickland Agner Pittman can defend you against your assault and battery charges in Goldsboro; schedule an initial consultation today.
Misdemeanor Assault and Battery
North Carolina law classifies three types of misdemeanor assault and battery – assault and battery, assault, and affray. Assault and battery involves physically injuring someone else; assault refers to the attempt to commit an assault and battery or show force indicating that an assault and battery is about to occur; and affray is defined as a fight between two or more people in a public place.
Typically, if the alleged victim has suffered only minor injury (i.e., injuries that would not require medical attention), these three forms of misdemeanor assault and battery are charged as Class 2 misdemeanors punishable by:
- probation and 1-30 days in jail if the defendant has no prior convictions; or
- up to 60 days in jail and a $1,000 fine if the defendant has prior convictions.
In cases involving more serious injuries or other specific circumstances, the assault and battery may be charged as Class A1 or Class 1 misdemeanors:
- An assault that inflicts serious injury: Class A1 misdemeanor punishable by probation, supervised probation, or 1-60 days in jail, as well as some amount in fines. If the defendant has prior convictions, the sentence can be as high as 150 days in prison.
- Sexual battery: Class A1 misdemeanor
- Offenses against particular victims, such as women and children (when the offender is a male adult), state employees or officers, public transit operators, campus or private security, and school employees or volunteers: Class A1 misdemeanor
- An assault against a sports official during a game: Class 1 misdemeanor punishable by probation and 1-45 days in jail, as well as some amount in fines. The jail sentence can be as high as 120 days if the defendant has prior convictions.
Assault with a Deadly Weapon
Assault with a deadly weapon, which can be any object used to kill someone, is charged as a felony. Generally, assault with a deadly weapon that involves either serious injury or the intent to kill, is a Class E felony punishable by 15-31 months in prison, depending on the severity of the case. Judges may also decide to impose a "presumptive" sentence of 20-25 months unless they conclude that a longer or shorter sentence is warranted. Defendants who have prior felony convictions may receive longer terms of imprisonment of up to 63 months.
Assault with a deadly weapon becomes a Class C felony when both serious injury and the intent to kill are present in the offense. A Class C felony is punishable by 44-98 months in prison, with a presumptive term of 58-73 months. Defendants with prior felony convictions may face up to 182 months in prison.
Schedule an initial consultation with Strickland Agner Pittman today to get started on your case.
Another type of assault and battery is domestic violence, which is defined as an assault that causes serious injury against someone the offender is personally related to, such as a spouse, child, grandchild, former spouse, cohabitant, co-parent, or former dating partner.
Domestic violence is charged as a Class A1 misdemeanor when it occurs in the presence of a minor child under the age of 18 who is living under the care of the defendant and has a personal relationship with them. While Class A1 misdemeanors may be served through probation, domestic violence convictions will require at least 30 days to be served in jail.
Do not wait to take action on your defense against assault and battery accusations. Our team at Strickland Agner Pittman is here to provide the informed and experienced representation you need to feel confident about your case and your future. Whether you have been accused of misdemeanor assault and battery or domestic violence, we are here to defend you.