Hickory Assault Lawyer

Hickory Assault Attorney

Being convicted of assault can come with grave penalties. Some penalties can be minor, and others can be as serious as years of prison time. These convictions can create an emotional burden on those who are accused. If you or someone you know is charged with assault, a Hickory assault lawyer can help.

Why Choose Us?

At Cody Law Firm, we understand assault cases. We will take the time to understand your unique case and build a tailor-made appropriate defense for you. We can provide you with the legal representation you need. We strive to ensure that your rights are protected. We can communicate the law and your options with you and take your desires seriously. At Cody Law Firm, a Hickory criminal defense attorney can work hard to ensure that you receive the greatest possible outcome for your case.

What Is Assault in North Carolina?

In North Carolina, assault occurs when someone attempts to harm another person by violence or by force or someone uses violence that causes another person to fear physical harm. Assault requires proof that the defendant intended to harm a person, even if physical injury does not occur. An example of this would be if someone attempts to punch you and misses or if they make threatening gestures while verbally stating their intention to hit you.

In North Carolina, there are numerous categories of assault crimes. Simple assault is the most minor categorization, and the charges range in seriousness all the way up to felony assaults. Some common assault charges are:

• Simple assault. Simple assault is typically considered a misdemeanor. Generally speaking, it involves assault without the use of a weapon and without causing any serious injury to the victim. Physical harm is not necessary for simple assault to occur. Threats of harm can be considered simple assault.
• Felony assault. A felony assault occurs when certain factors are present, such as the victim suffering injuries, the defendant using a deadly weapon, the defendant being a repeat offender, or the defendant attempting to kill the victim.
• Felony assaults include assaults inflicting bodily injuries, strangulation, assaulting an individual with a disability, or assaulting a protected class employer such as EMTs, firefighters, police officers, prison employees, and hospital personnel.
• Assault with a deadly weapon, intent to kill, inflicting serious injuries. This is the most serious assault charge in North Carolina. In these cases, a person assaults the victim with a deadly weapon, has the intent to kill them, and also causes serious injury to the victim.

Defenses to Assault Charges

There are common defenses to assault charges. Many of them revolve around claiming self-defense or addressing concerns in the prosecution’s case. Some defenses include:

• Self-defense. In some instances, the defendant can claim self-defense, especially if the alleged victim was the initiator of the altercation. In North Carolina, individuals are allowed to defend themselves if there is a threat of harm to themselves or others. However, an individual is only allowed to use deadly force if they believe there is a threat of death or intense physical harm.
• Consent. This defense is not as common in assault cases. However, some defendants claim that the alleged victim wanted the assault to take place.
• Unintentional. In some cases, the defendant claims that the assault was an accident or that their intentions were not to cause harm or fear to the alleged victim.
• Victim’s injuries. An attorney may argue that the victim’s injuries are not serious enough to be classified as serious bodily injuries. Because penalties from assaults are usually given in congruence with the severity of a victim’s injuries, this defense can be used to seek lesser charges for an assault.

Penalties for Assault

The penalties for assault in Hickory, NC vary greatly depending on the charges brought against the defendant. A simple assault, for example, will likely result in a misdemeanor charge as well as fines and potential jail time. However, assault with a deadly weapon will generally be considered a felony, as well as heftier fines, longer prison sentences, and probation/parole after release. Some common penalties for assaults include:

• Criminal record (misdemeanor or felony), which can also impact other areas of a defendant’s life
• Jail or prison time
• Fines
• Probation
• Community service
• Parole
• Counseling
• Restraining orders
• Loss of parental rights
• Restitution to the victim
• Loss of employment
• Loss of professional license.

FAQs

Q: What Qualifies as Assault in North Carolina?

A: In North Carolina, assault is defined as the intentional act against another person to cause bodily harm to them. The physical harm does not necessarily have to have taken place to be considered assault. For example, threatening to harm someone can be considered assault, as well as attempting to hit or hurt them and missing (like throwing a punch).

Q: What Is the Statute of Limitations on Assault in North Carolina?

A: Generally speaking, the statute of limitations on assault in North Carolina is two years. This means that a case against a defendant must be started within two years of the incident occurring. However, there are exceptions to this rule. For example, if the assault is against a child, the statute of limitations is ten years.

Q: What Is the Bond for Simple Assault in North Carolina?

A: The bond amount for simple assault in North Carolina can vary based on the details of the case, the defendant’s criminal history, and the judge’s discretion. Generally speaking, for simple assault, bond amounts can range from a few hundred to several thousand dollars. The amount will depend on the circumstances of the case.

Q: What Is an Example of Simple Assault?

A: An example of simple assault would be if two people are arguing, and in the middle of the argument, one of the two yells at the other and threatens to beat them up while shaking his fist in the other’s face to illustrate his threat further. He may even attempt a punch, but the victim blocks it. While there was no physical injury present, the person can be charged with assault as he threatened the other and clearly communicated his intention to harm the other.

Contact Cody Law Firm Today

If you’ve been charged with assault, Cody Law Firm can help. Contact us today for more information.