Generally, assault is classified in one of two ways in North Carolina.
The first way is through an overt act or attempt that would put a reasonable person in immediate fear of physical injury. According to the case State v. Roberts, assault is any overt act, attempt, or the unequivocal appearance of such attempt, with force or violence, sufficient to put a reasonable person in fear of immediate physical injury. This means a person can be guilty of assault without actually touching another person.
The second way is through an obvious show of violence by an ability to inflict injury that would put a reasonable person in fear of immediate physical injury. In North Carolina, common law provides a clear understanding of this, indicating that the mere show of force or menace of violence is sufficient for an assault charge.
Generally, a person is guilty of battery when they have intentionally touched or harmed a person in an unlawful manner. However, the various statutes regarding assault use the terms “assault” and “battery” interchangeably and therefore can be easily confusing. North Carolina also recognizes battery as a form of assault. As defined in State v. West, battery includes the application of force, no matter how slight, directly or indirectly, to another. This means that while battery involves actual touching, assault does not necessarily require physical contact to result in legal consequences.
By understanding these definitions and distinctions, one can better navigate the complexities of North Carolina’s assault and battery laws.
Listed below are the elements and punishments of the various assault crimes that an individual can be charged with in North Carolina. In order to be convicted of any of these crimes, the State must prove each element of the crime beyond a reasonable doubt.
Simple Assault
Elements
A person is guilty if they:
- Commit an assault on another
Punishment
If a person is found guilty of simple assault, they have committed a Class 2 misdemeanor under N.C. Gen. Stat. § 14-33(a).
In North Carolina, if someone is convicted of assault that causes serious injury, it falls under a class A1 misdemeanor. The harshest penalty for this offense includes up to 150 days in jail. Additionally, there might be a fine imposed, but the amount is determined at the court’s discretion and is not restricted by any specific law.
Assault Inflicting Serious Bodily
Elements
A person is guilty if they:
- Commit an assault on another and
- Inflict serious bodily injury
Serious bodily injury is defined as bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.
Legal Classification and Punishment
Assault inflicting serious bodily injury is classified differently depending on the circumstances of the case. Under
- Up to 150 days of incarceration
- A discretionary fine not limited by statute
In more severe instances, where the injury meets the defined criteria, the offense may be charged as a Class F felony under N.C. Gen. Stat. § 14-32.4(a). The distinction reflects the legal system’s approach to punishing offenses based on the severity of the injury and the circumstances surrounding the incident.
Understanding these classifications and potential penalties is crucial for anyone involved in or affected by such legal matters in
Punishment
If a person is found guilty of assault inflicting serious bodily injury, they have committed a Class F felony under N.C. Gen. Stat. § 14-32.4(a).
Assault with a Deadly Weapon
Elements
A person is guilty if they:
- Commit an assault on another
- With a deadly weapon
A deadly weapon is any item that under the circumstances could be likely to cause death or serious bodily injury. Although there is no concrete list of all the items that would be classified as a deadly weapon, generally, guns and knives are classified as deadly weapons.
Punishment
If a person is found guilty of assault with a deadly weapon, they have committed a Class A1 misdemeanor under N.C. Gen. Stat. § 14-33(c)(1).
