Iredell County Assault Lawyer

Iredell County Assault Attorney

Facing assault charges can be overwhelming, especially when you learn more about the serious consequences that come with a guilty verdict. Whether you have been charged with simple or aggravated assault, it’s important to understand the breadth of your legal rights and defense options. An Iredell County assault lawyer can assess the details of your case and suggest what steps can help maximize the chances of a charge reduction or case dismissal.

At The Law Office of Michael D. Cleaves, PLLC, we feel the gravity of each client who comes through our door looking for help. Just as we understand what type of impact these charges can have on one’s life, we also understand how to combat the allegations. From day one, we commit to leveraging all of our knowledge and resources to ensure no one tries to take advantage of your rights in the process. We’re standing by, ready to get started.

What Are Some Common Assault Defense Strategies in North Carolina?

After hiring an assault defense lawyer, they will get to work to learn what defense positions have the power to yield the greatest results.

Some defense strategies include:

Self-Defense

One of the most common defense positions used in assault cases is self-defense. Everyone knows what it means to act in self-defense, but from a legal standpoint, you need to make it clear that:

• You were facing a genuine level of imminent harm.
• The amount of force you used in response was reasonable when compared to the threat.
• There is no evidence that you provoked the altercation or escalated it unnecessarily.

For example, if someone attacked you first and you responded with a proportionate level of force to protect yourself, this could qualify as a credible self-defense position. However, if the opposition shows that you used an excessive amount of force back, well beyond what the original individual threatened, it could weaken your defense.

False Accusations and Mistaken Identity

It’s not impossible for someone to make a false accusation or mistake someone for another person. Wrongful accusations happen all the time, whether they stem from a misunderstanding or a personal conflict where someone is intentionally trying to seek revenge. If you believe this has happened to you, work with your Iredell County, NC criminal defense attorney to focus on proving the inconsistencies in someone’s account of what happened or present new evidence, like a solid alibi.

Insufficient Evidence

If the defense in Iredell County feels that the evidence stacked against them is weak or circumstantial, they can take the position that there is not enough information on the table to prove their guilt beyond a reasonable doubt. This could be due to inconsistent information or if witnesses are presented with a lack of credibility. For example, if the assault accusation solely rests on the accuser’s words without any other physical evidence to support it, it might not be enough to secure a conviction.

Consent

Sometimes, a defense attorney chooses a “consent” argument, which is commonly used in scenarios where mutual contact is expected. This can include sporting events, mutual combat, or any other consensual physical interaction. If video surveillance footage or witness statements suggest that two individuals willingly engaged in a mutual fight, the defense can suggest this was a consensual engagement that does not meet the legal requirements to be considered an assault.

FAQs

Q: Can Assault Charges be Dropped in North Carolina?

A: The authority to drop or dismiss assault charges in North Carolina rests with the prosecutor or judge, not the victim. This is according to North Carolina General Statute 15A-931, which states that a prosecutor can dismiss charges either orally in court or by filing a written dismissal directly with the clerk. Dropping a case can happen for many different reasons, such as not having strong enough evidence to make their case beyond a reasonable doubt.

Q: North Carolina General Statute 15A-931

A: Simple assaults in North Carolina are classified as Class 2 misdemeanors under General Statute 14-33. Anyone who has committed assault for a second time or more risks being sentenced to an active punishment of no less than 30 days. This can include community service, probation, or jail time, depending on how serious the assault was and if the court believes the individual can be rehabilitated or not. These are lighter punishments than aggravated assaults.

Q: What Should I Do If I’m Accused of Assault in North Carolina?

A: Yes, it is still possible to be charged with assault, even in instances where you did not physically hit someone. Some assault charges are purely from a threat of violence alone when it has caused fear in another individual. For example, if you raised your fist in a threatening manner or attempted to strike someone but missed. The key factor that determines the merits of an assault case is if the alleged victim felt they were in danger.

Contact an Experienced Iredell County Assault Lawyer Today

If you have recently been charged with assault and are looking to secure quality legal representation that can make a difference in the outcome of your case, Contact The Law Office of Michael D. Cleaves, PLLC, today. We look forward to learning more about your circumstances and sharing what we believe is your strongest path forward to defend your rights and interests.

See related posts:

• How Long Does a Criminal Conviction Stay on Your Record in North Carolina? 2025
• Simple Assault Charges in North Carolina: Penalties, Defenses, and Legal Process (2025)