Is Spitting on Someone Assault? Defining Assault in North Carolina

Various Acts That Legally Constitute Assault 

The legal definition of an assault per North Carolina penal code, is when one person tries to make physical contact with another person in a violent way without permission. 

A battery is a successful physical assault. North Carolina law combines assault and battery into a single offense called assault. 

It can be a punch, push, smack, spitting on someone (now more severe in some cases due to the threat of communicable diseases), throwing something at another person, and any other method that one person employs for making contact with another, generally with the attempt of causing bodily harm.  

The circumstances surrounding an assault may greatly affect your case at court and could mean the difference between freedom and serving state or county jail time for felony charges and carrying a potentially significant criminal record moving forward.

Classifications of Assault Charges

Assault charges are classified by the injury caused as a result of the use of force, the type of weapon (as in aggravated assault) used and the vulnerability of the alleged victim. For example, a simple assault charge is a Class 2 misdemeanor punishable by no more than 60 days in jail.

If the same assault causes serious bodily injury, then it may be charged as a Class A1 misdemeanor punishable by no more than 150 days in jail.

If the same assault included the use of a deadly weapon, then it may be charged as a class E felony punishable by up to 98 months in jail.

If the alleged victim was a child, student, patient or handicapped person, then the penalties may be more severe. The range of penalties varies greatly depending upon how an alleged assault is charged.  Intent may be insignificant if the injury is deemed to be the result of reckless endangerment.

Affirmative Defenses

Several affirmative defenses may excuse or justify your actions.  The legal repercussions can be affected by everything from an absence of prior convictions to a number of other mitigating factors.

Some of these factors include:

• Self-defense
• Defense of another
• Defense of property
• Mistake or accident

Let us Help!

Let us use our years of experience defending people to help you avoid or minimize your risk of incarceration.

What Are The Definitions and classes of Robbery?

Robbery is taking property from a another person. Robbery without the threat of violence is called Larceny From A Person. It is a Class H felony punishable by up to 30 months in prison.

If the Robbery included the threat of violence, then it is a Class G felony punishable by up to 38 months in prison.

If a dangerous weapon was used, then the robbery is a class D felony with a mandatory presumptive sentence of 51 months in prison. For a Class D felony, probation is unavailable, even for a first offender.

For the exact same crime, some people may receive a long potential sentence and others may receive probation depending upon how their lawyer presents the case to the prosecutor, the jury and the judge, and all of this is before the potential civil lawsuit arises to determine any civil liability.

Various Assaults and Other Violent Offenses Involving Use of Force

Other violent offenses include the following:

• Homicide (murder)
• Rape or sexual assault
• Simple assault / simple battery
• Kidnapping
• Car-Jacking
• Burglary
• Arson
• Damage to property
• Assault with a deadly weapon
• Cruelty to animals
• Stalking
• Breaking and Entering

Contact The Raleigh Violent Crimes Lawyer at McCoppin & Associates

from a felony to a misdemeanor assault, do not speak to a police officer before contacting McCoppin & Associates, Attorneys at Law, P.A about your criminal charges.  

We provide an aggressive defense for people charged with crimes of violence, including assault and battery. 

We understand how the prosecution handles these cases, and we know the criminal defense tactics and arguments that are most effective for most people charged with assault, but many times the secrets to your freedom could like in something as simple as witness evidence and a thorough reading of the right police reports; sometimes, even in defense, law enforcement officers can be your best legal help! 

Don’t leave your future in the hands of just any attorney; for expert legal assistance contact the law offices of your Raleigh and Cary criminal defense attorney today at 919-481-0011 to schedule a free consultation to discuss your case. Hablamos español.