Raleigh Abogado de Asalto

Raleigh Assault Attorney

Assault charges are serious, and a conviction can result in jail or prison time, fines, and long-term collateral consequences. It can feel overwhelming to face assault charges, whether the charges are true or the result of a misunderstanding or false accusation. You deserve a strong advocate on your side, and you have the right to that defense. A Raleigh assault lawyer can protect your rights and may be able to help you avoid the most severe penalties of conviction.

Assault can be charged as either a misdemeanor or a felony. Although simple assault charges may seem minor, the collateral consequences of a criminal record are serious. Though a misdemeanor is less severe than a felony, it can still have far-reaching effects. Working with a Raleigh criminal defense lawyer is essential to mitigate or prevent these consequences from affecting the rest of your life.

Raleigh Assault Defense Attorneys Protecting Your Interests

The criminal justice system is complex and often feels isolating and hostile. However, you do not have to face this system alone. The attorneys at Steven T. Meier, PLLC, can advocate for you both in negotiation and litigation, as well as protect your rights while you navigate a criminal trial. Entering a criminal case without legal support only puts you at an extreme disadvantage. Give yourself the greatest chance at avoiding or mitigating your conviction by hiring a compassionate, skilled, and effective legal team.

At Steven T. Meier, PLLC, we know the criminal justice system is scary and overwhelming to many individuals, but we understand how the process works. We explain your legal options and answer your questions, giving you a clear understanding of your case. Our team focuses on protecting your future and knows how to seize every opportunity for your defense.

For years, our firm has supported our community by helping defend individuals facing serious criminal charges. When you come to our firm for legal representation, we treat you with the respect and confidentiality you deserve. Everyone deserves to be treated fairly while they navigate the criminal justice system, and we fill that need for our community.

What Is the Crime of Assault in North Carolina?

The crime of assault in North Carolina is the threat of or actual unlawful touching of another person, with the ability to carry out a threat that is made. Although assault charges can be pressed when there is bodily harm or contact, it is not required to press assault charges. It is a different offense from the crime of battery, which does require violent harm or contact. While the two crimes are often charged at the same time, they are unique offenses.

Simple assault is the least serious type of assault charge. It is a Class 2 misdemeanor, which can carry jail time and serious fines as potential penalties.

Aggravated and Felonious Assault

Any aggravating factors can result in more serious assault charges. For example, assault against a sports official during a sporting event is charged as a Class 1 misdemeanor. Assault is a Class A1 misdemeanor when any of the following aggravating circumstances apply:

• Serious injury is inflicted with the use of a deadly weapon
• The person committing assault is a male at least 18 years of age, and the victim of assault is a female, or the victim of the assault is a pregnant person
• The victim of the assault is under 12 years old
• Assault occurs against an officer or employee of the state, a school employee or volunteer, the operator of public transit, a police officer or campus police officer, or a transportation network company driver while the individual is engaging in their official duties
• Commits domestic assault, causing serious injury with a deadly weapon, in the presence of a minor
• Commits simple assault against an individual with a disability

In the most serious cases, aggravating factors can make assault charges a felony. The crime of committing assault against a person with a disability can be charged as a Class F felony if the assault is aggravated by one of the following:

• Use of a deadly weapon that would likely cause serious injury
• Infliction of serious injury or damage
• Intention to kill the individual

Assault with a deadly weapon, intention to kill, and/or inflicting serious injury are all felonious assault charges. The crime of committing assault with a deadly weapon with intent to kill and causing serious injury is one of the most serious assault charges, resulting in a Class C felony charge.

The most severe assault charge is assault by pointing a gun at someone, regardless of whether the weapon is loaded and regardless of whether it is a joke. This is charged as a Class A1 felony.

The actual criminal penalties for the situation will be heavily dependent on how the prosecution decides to charge you for the incident. A knowledgeable criminal defense attorney can potentially help you get the charges reduced so the penalties you are facing are less severe. This is especially important if you can get a felony reduced to a misdemeanor.

Collateral Consequences of Assault Conviction in Raleigh, NC

Fines, imprisonment, and probation are only the immediate and short-term consequences of a criminal conviction in Raleigh. If you are convicted of assault charges, you will have a criminal record. This criminal record, in addition to the stigma of having a criminal conviction, can have many collateral consequences on your life and future. It appears on any background check by potential employers, landlords, and others. This could potentially affect you for the rest of your life.

Collateral consequences of conviction can include:

• Loss of your job
• Difficulty obtaining and keeping employment
• Barred from certain areas of employment and professional licensure
• Difficulty getting schooling acceptance
• Disqualification from student loans
• Difficulty finding housing
• Social stigma and consequences to your personal life

Expungement of a criminal record is one option to limit these collateral consequences, but this is not always an option for those convicted of assault. The most effective way to avoid collateral consequences is to avoid conviction with the support of an experienced attorney.

Raleigh Assault FAQs

Q: What Is a Simple Assault Charge in North Carolina?

A: A simple assault charge is the least severe type of assault charge in North Carolina. It is generally charged as a Class 2 misdemeanor and carries the mildest penalties; however, this does not mean a simple assault charge should be dismissed. Even minor criminal penalties can have long-lasting, negative effects on your future.

Speaking with an experienced criminal defense attorney can help you determine the penalties you are likely to face if you are convicted and if there is potential for a reduction in your charges.

Q: Can Assault Charges Be Dropped in North Carolina?

A: Yes, assault charges could be dropped in North Carolina if the prosecution deems there is a lack of evidence or an attorney argues for a plea deal, which includes dropped assault charges. However, assault charges cannot be dropped by the individual who files them. Once the alleged victim of the crime files charges, the case is in the hands of the prosecution. Revoking their testimony may impact the prosecution’s case, but it does not mean the prosecution will drop the charges.

Q: How Much Does a Criminal Assault Lawyer Cost in North Carolina?

A: How much a criminal assault lawyer costs in North Carolina varies. Criminal defense attorneys typically charge an hourly rate, and this rate varies based on:

• Type of criminal charges
• Complexity of the case and the resources it requires
• Significance of evidence in the case
• Attorney’s experience in assault cases
• Attorney’s past successes in criminal defense cases
• Firm’s location
• Whether the case is expected to go to trial or be settled

Always discuss fees with a potential attorney before hiring them.

Q: What Is Considered Simple Assault in Raleigh, North Carolina?

A: Simple assault in Raleigh, NC, is the crime of threatening to, attempting to, or touching another person unlawfully. North Carolina law does not specifically define assault, but this is the common law definition. Simple assault in North Carolina is the least severe crime of assault when it does not involve aggravating factors.

Aggravating factors include the use of a deadly weapon, assault against a pregnant individual, assault against a minor under the age of 12, or assault against an employee of the state.

Find the Right Attorney to Defend You in Raleigh

No one expects to be facing assault charges, but it’s important to take the steps to protect yourself. It’s a mistake to think you can explain yourself to prove your innocence. Always remain silent and only request an attorney. Whether you committed the crime or not, a criminal defense attorney is an essential ally when you have criminal charges pressed against you.

Steven T. Meier, PLLC, has the knowledge and experience you need to reach the most successful outcome for your case. We provide you with the answers and understanding you need during a difficult time, giving you an upfront and honest look at the possible outcomes of your case. Our team works to limit the consequences of the charges against you. Contact Steven T. Meier, PLLC, today.