Taylorsville Assault Lawyer

Taylorsville Assault Attorney

Taylorsville is known as a safe, tight-knit community, boasting a crime rate of 29.8%, below the national average. Despite this sense of security, misunderstandings happen and can lead to assault charges. Charges like these can significantly impact the lives and reputations of those involved. If you are facing assault charges in North Carolina, you need a Taylorsville assault lawyer on your side.

What Is Assault?

Any behaviors or actions that threaten or bring fear to another person, whether through verbal threats or physical actions, are assault. The North Carolina legal system categorizes assault into different degrees of severity, from misdemeanors for minor offenses to felonies for serious offenses. Each degree carries distinct penalties and legal repercussions that are impacted by the specifics of the situation and the extent of the harm caused.

Simple Assault

Simple assault is considered a less serious, Class 2 misdemeanor. This charge includes actions like unwanted physical contact or verbal threats that cause reasonable fear of immediate harm to another person, per N.C.G.S. 14-33.

Simple Affray

A simple affray is when individuals participate in a fight or disturbance in a public space, whether that be on a street, a local bar, or a recreational space like Matheson Park. A simple affray is a Class 2 misdemeanor, and an individual could face fines, imprisonment, probation, community service, and mandatory counseling.

Assault Causing Severe Bodily Injury

When an altercation results in physical injuries, the offense will move to a Class F felony, meaning higher fines and even longer prison sentences. Serious bodily injuries can include injuries that:

• Create a substantial risk of death
• Cause serious or permanent disfigurement
• Result in a coma
• Cause extreme pain
• Cause the loss of or impairment of a body part or organ
• Result in prolonged hospitalization

Assault With a Deadly Weapon (AWDW)

Assault with a deadly weapon is the use of or threatening another person with any object that could cause injury or death during an assault. AWDW is classified as a misdemeanor if it is proven that the alleged aggressor had no intent to kill or inflict injury on the other person, but it could be escalated to a Class E or C felony if the injury actually happens or it can be established that there was intent to injure.

Assault on a Government Official or Employee

Actions that harm police officers or other government personnel with the goal of stopping them from performing their official duties can be either a misdemeanor or a felony. This classification will depend on how severe any potential injuries were, what the intent may have been, and whether a deadly weapon was used in the assault or not.

How an Assault Conviction Can Impact Your Future

On top of the legal penalties of fines and imprisonment, an assault conviction can have further-reaching consequences that impact many parts of a person’s future.

Most companies, schools, and landlords perform background checks, and having a criminal record can limit your access to employment, housing, and college admission. This can be detrimental for those trying to rebuild their lives after their time is served, especially given that North Carolinians with criminal records earn 40% less than their counterparts without records.

Once a person has a criminal record, especially a felony conviction, they are likely to lose their right to own firearms. Many people convicted of crimes experience a strain on their personal relationships, community stigma, and the loss of child custody and visitation rights.

How an Assault Defense Lawyer Can Help in Taylorsville

If you have assault charges looming on your future, no matter how minor you believe they are or how little they may impact your life, you should take them seriously. At The Law Office of Michael D. Cleaves, PLLC, our team has experience working with the Taylorsville Police Department and the Alexander County Sheriff’s Office.

We understand that cases like assault are never straightforward and have many nuances in play, such as witness reliability and the overall nature of the situation. Your lawyer’s role is more than just court appearances. They can help you understand what is happening, stand up for your rights, be a source of support, and work towards a favorable outcome through negotiation and a solid defense strategy.

FAQs

Q: Can Assault Charges Be Dropped in North Carolina?

A: Yes, assault charges can be dropped in the state, but this decision will solely be up to the prosecution. Typically, it can happen due to issues like a lack of solid evidence, the victim’s decision not to testify, the police or prosecution making procedural errors, or the defense team having compelling evidence that weakens the case. Even if the charges cannot be completely dropped, the prosecution might offer a plea bargain that reduces the consequences.

Q: What Is the Statute of Limitations on Assault?

A: The statute of limitations for assault in North Carolina will depend on whether it is a misdemeanor or a felony case. With a misdemeanor, the statute of limitations will be two years. There are some exceptions that will extend this timeline, such as if there were children involved. For felony assault, there is no statute of limitations.

Q: What Defenses Are Available in an Assault Case?

A: The defenses available in assault cases will depend on the specifics of the case. Some of the most commonly used defenses are self-defense, defense of others, lack of intent, false accusations, consent, insufficient evidence, constitutional violations, or that the defendant has an alibi. A Taylorsville, NC criminal defense attorney can evaluate the evidence and work on a defense strategy that represents their client’s interests.

Q: Will an Assault Charge Stay on My Record in North Carolina?

A: Yes, unless the charges are expunged, an assault charge will stay on your record in Taylorsville. This permanent record will most likely have an impact on your future opportunities, including education, housing, employment, and time with your children. The state has different restrictions and eligibility processes for expungement, so it is recommended that you consult with an experienced attorney.

Contact a Criminal Defense Lawyer in Taylorsville

It does not matter if you know you are innocent; accusations of assault, no matter how minor, can mean significant and negative consequences on your life that go beyond jail time and fines. If you are facing charges of assault in Taylorsville, you need the representation of a seasoned criminal defense lawyer.

We work with individuals all throughout the state, including Taylorsville and Iredell County. For a consultation, contact The Law Office of Michael D. Cleaves, PLLC, today.

See Related Post:

• North Carolina Domestic Violence Laws