Is Spitting on Someone Assault?: Various Acts That Legally Constitute Assault 

An assault 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 at someone (now more severe in some cases due to the threat of infectious 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 keep mean the difference between freedom and serving state or county jail time.

Classifications of Assault Charges

Assault charges are classified by the injury caused as a result of the use of force, the type of weapon 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.

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

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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.

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.

We understand how the prosecution handles these cases, and we know the defense tactics and arguments that are most effective for most people charged with assault.

Don’t leave your future in the hands of just any attorney; contact a Cary criminal defense attorney today at 919-481-0011 to schedule a free initial consultation to discuss your case. Hablamos español.