Statesville Assault Attorney

Statesville Assault Lawyer

Being charged with assault is no light matter. It can affect many areas of your life, including your reputation within your community, your standing at work, and even future prospects you may have. Depending on the severity of your case, you may even be facing jail time, which could be all the more damaging. For these reasons, it is important to have an experienced Statesville assault lawyer by your side.

What Is Assault?

In its most simple definition, assault is a threat to a person, including unlawful touching or physical contact. There are various levels and severities of assault, including simple assault and aggravated assault. Assault charges can be classified as misdemeanors or felonies, depending on the particulars of each case. The victim of the assault, in particular, will determine how your case will be tried.

There are various kinds of assault, all of which will have various consequences. These include:

• Simple assault. Simple assault is a class 2 misdemeanor and may result in fines and a small amount of jail time. Some examples of simple assault are unlawfully touching someone or making verbal threats that lead someone to believe you will physically harm them. When you touch someone without their consent, this is sometimes called battery.
• Simple affray. Simple affray is engaging in fighting in public. If charged with this, you could face fines and be put into custody. This can include arguments and fights in a bar, on the street, or in other public locations.
• Assault that results in serious physical injury. Altercations that result in serious bodily injury can leave you with a felony charge. In these cases, you can expect to spend an extended amount of time in incarceration.
• Assault with a deadly weapon. Assaulting someone with a deadly weapon such as a gun or a knife can result in you spending an extended amount of time in incarceration as well, especially if it can be proven that you had the intention of killing. Outcomes may vary if you did not have the intent to kill.

Aggravated Assault Versus Simple Assault

Aggravated assault is a more serious crime than simple assault.

Simple assault is often classified as a misdemeanor. This means that the crime was less severe, so the penalties will be also. Simple assault can involve either a threat of injury or a minor injury. Some examples of this may include raising your hand or first toward someone as if you were planning to hit them, or touching, hitting, or slapping them in such a way that they obtain minimal bruising. Domestic violence is sometimes classified as such.

Aggravated assault is a felony and results in serious physical harm to the victim. This may be committed with a weapon or not, as rape is sometimes put under the umbrella of aggravated assault. The consequences of being charged with aggravated assault are more long-lasting than those for simple assault.

How a Lawyer Can Help

In the event that you are facing assault charges of any kind, you will want to have an experienced criminal defense attorney on your side. Even if you’re innocent, it may not be as easy to prove as you may think. An assault charge, even a misdemeanor, on your record can affect your lifestyle for the rest of your life. An experienced lawyer may be able to get your charges dropped completely or at least have them reduced.

A defense attorney can do more than simply argue on your behalf in a courtroom. One important thing they can do is explain the legal process to you so you are able to fully understand what you are doing. They can also examine the evidence against you so as to help create a reasonable doubt that could help your charges get dropped or reduced.

FAQs

Q: What Is a Simple Assault Charge?

A: A simple assault charge in the state is a class 2 misdemeanor. It is the least serious of assault offenses and can often include unlawfully touching someone or threatening someone in regard to bodily harm. Repercussions of being charged with simple assault in the state can vary, including probation, fines, and even spending time in jail. The existence or absence of prior convictions on your record can impact the sentencing you receive in the event that you are found guilty.

Q: Can Assault Charges Be Dropped in North Carolina?

A: Assault charges can be dropped in the state if the specific necessary criteria are met. One of the most common reasons that assault charges are dropped is a simple lack of evidence. As in all legal cases, the defendant will remain innocent until proven, factually, to be guilty. Another reason charges may be dropped is if the victim is unwilling to cooperate. In the event that you are able to get the charges dismissed, they will not show up on your record.

Q: What Happens if Your Defense Attorney Knows You Are Guilty?

A: If your lawyer knows you are guilty, there are a few guidelines they must follow. For example, defense lawyers are not permitted to lie in court. Therefore, they cannot make any claims about information that they know to be untrue. On the flip side, the lawyer is also not permitted to admit guilt on the client’s behalf. In most cases it is helpful for your lawyer to know the details about your case so they can accurately represent you.

Q: What Is the Statute of Limitations on Assault?

A: In the state, the statute of limitations for filing an assault claim is two years. This means that a victim has two years from the occurrence of the assault to file an official claim. However, if the assault involved abuse and/or sexual assault against any children, this statute of limitations may no longer be relevant.

Criminal Defense in Iredell County, North Carolina

Being charged with assault, whether simple or aggravated, can have drastic effects on your life. Not only could you face fines and jail time, but your reputation and career could take a heavy blow as well. For these reasons, it is important to find an experienced criminal defense attorney to handle your case. Contact The Law Office of Michael D. Cleaves, PLLC, today to learn more about how we can defend you.