There are many ways that a Charlotte criminal defense lawyer can be helpful. Whether you are innocent or guilty, you can benefit from sound legal counsel. Assault charges, in particular, are nothing to take lightly. They can follow you for quite some time if you are found guilty. A Charlotte assault lawyer can help you understand the legal processes you may be facing and guide you through them as efficiently as possible.
Being convicted of assault can have an array of outcomes, with some assault charges being classified as misdemeanors and others being classified as felonies. It is very important to understand the different implications of being charged with a misdemeanor versus a felony. Misdemeanors and felonies show up differently on your record and can have very different effects on your life both professionally and personally for years to come.
Sometimes, assault is classified as a type of misdemeanor. Simple Assault is classified as a misdemeanor that refers to an action or threat against a person that results in minimal or no injuries. An example would be hitting a person in a way that results in light bruising or threatening someone by raising your hand as if to hit them. The consequences of being convicted of simple assault can vary.
When assault is classified as a felony, it is sometimes referred to as aggravated assault. This type of assault results in serious bodily injury. Aggravated assault can also involve a weapon. For an assault to be considered aggravated, it must include some kind of aggravating factor, such as proof that the intention was to cause serious harm. One example of this would be rape.
Assault and Battery laws in North Carolina technically refer to three crimes: assaults, batteries, and affrays. Assault refers to the attempt to injure another person through force or violence and/or an act of force or violence against another person that caused them harm or caused them to fear they would be harmed.
Battery refers to having illegal physical contact with another person. This can range from contact that is illegal to contact that results in serious harm. This is a broad term that can include anything from pushing a person to shooting them to injecting poison into their body.
Affray is a term that is used to specify a situation in which individuals are involved in a fight in a public space. Such a scenario may be likely to take place at a sporting event or a bar.
There are certain details of an assault that, if they are present, can turn an assault case into a felony. These include:
Each case is different and will, therefore, result in different consequences for the defendant. Since there are so many factors that can influence a defendant’s sentencing, it is important to have an experienced attorney on your side who will fight for you and look for evidence that can help your case. These details can make a difference in the outcome of your case.
Penalties for being charged with felony assault can have serious implications. Since felonies are classified into various categories, the length of sentencing can vary. However, you can expect to spend some amount of time in jail if you are convicted of a felony. Lower-class felonies may lead to lighter prison sentences, whereas more serious felonies may result in much longer prison sentences.
While the penalties for being charged with a misdemeanor assault are not as serious as those for a felony, they will still have a significant effect on your life. Depending on the details of your case, you may face time in jail and/or be required to pay hefty fines. It is important to remember that there are certain ways that you could have your charges lessened or dropped with the help of an experienced attorney.
There are a few ways your lawyer may encourage you to go about defending yourself in an assault case. One of the more common defenses used in assault cases is that of self-defense. In some cases, the victim was actually the one who “started it” or began the aggression that resulted in the injuries they incurred. If this was the case in your situation, you may be able to shift some or all of the responsibility and blame onto the other person.
If you can prove that the victim had caused you to fear for your safety or for your life, you may have a valuable self-defense case. There are certain laws that grant you the right to use force against someone who you believe is attempting to harm or kill you. An experienced attorney who has handled cases involving these laws and principles can help you navigate how to build such a defense.
One of the decisions you may be required to make if you are accused of assault is whether you are guilty or innocent. In some cases, it may be presented to you by the prosecution that it is in your best interest to plead guilty for a variety of reasons, one of which may be the evidence they have against you. However, it is important to remember that you are not required to plead guilty.
As the defendant, you are entitled to understand your options. Deciding to plead guilty versus pleading innocent will have drastic implications on the consequences you face. You should be aware of what these may possibly be before you choose which plea to make. Pleading innocent can mean that you go to trial, but that does not necessarily mean you will be found guilty. This decision should be made with the guidance of an experienced lawyer.
A: Simple assault is the least serious form of assault and is treated as a Class 2 misdemeanor. The time you spend in jail can vary depending on prior convictions you may have. If you have been convicted of assault in the past, you could face up to sixty days in jail and/or be required to pay a fine. For a first offense, sentencing could be up to thirty days in jail, or you could be granted probation.
A: Not all assault charges are considered to be felonies in Charlotte, but some are. Assault is categorized in a variety of ways, including simple assault, which is classified as a misdemeanor; domestic violence, which can be either a misdemeanor or a felony; assault with strangulation, which is considered a felony; and more. The characteristics of the assault you were involved in will determine whether it will be classified as a felony or a misdemeanor.
A: In North Carolina, the cost of a defense attorney can vary depending on a few factors. Some details that may impact the price you pay for a defense attorney include the complexity of your case, the time it takes your lawyer to work on your case, what type of crime you committed, and more. There are other factors to consider when thinking of the total costs, such as court costs and fees.
A: It is possible to get assault charges dropped in North Carolina. In some cases involving domestic violence, the victim does not have the option of dropping assault charges. Instead, this decision lies with the prosecutor. If you are trying to get assault charges against you dropped, one of the first steps to take is to hire an experienced attorney who has handled cases similar to yours. They will be aware of the necessary yet complex legal processes.
If you have been accused of assault in the Charlotte area, it is important to seek legal counsel as soon as possible. Assault charges can have serious implications that may follow you for years to come. These types of cases are also time-sensitive, meaning the quicker you act, the better your outcome may be.
En Steven T. Meier, PLLC, our legal team is ready to answer any questions you may have. We have handled many cases involving assault and are familiar with all of the legal complexities that come with each case. Reach out today to discover how our legal team can help you. With our legal team on your side, you can rest assured that you are getting the quality legal representation you deserve. We are prepared to fight for you.
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