In North Carolina, assault charges are based on the severity of the victim’s injuries and the acts of the defendant to inflict these injuries. They are also based on the use of any deadly weapon or threat that made the victim fearful for their lives. The following is a review of these assault and battery charges and their penalties.
How is Assault Defined?
This offense is classified as any touching of another party that is unlawful or unwanted. It is also classified as instilling terror or a great fear into the victim that the defendant intends to do bodily harm. This may or may not include the use of a deadly weapon. It also includes any verbal threat that could make the victim fearful for their lives even if the defendant viewed their commentary as a joke.
What is the Penalty for Physical Assault?
The class two misdemeanor is considered simple assault. It imposes a sentence of at least 60 days in county lockup. In some cases, the defendant is assigned probate if they do not possess any further records of these offenses. However, any assault involving a female is increased to a class one misdemeanor. The defendant will spend 150 days in county lockup. This charge applies to defendants who are not under the age of 18. Assault with a deadly weapon incurs a prison sentence between 44 and 92 months. The severity level of the victim’s injuries could increase the charges by 15 additional months.
What is Battery?
Defendants are often charged with assault and battery as one primary offense. It is classified by unwanted physical contact that led to serious injuries for the victim. Assault in these cases is identified as the threat used to scare the victim, and battery is the actual physical harm imposed.
In North Carolina, assault or battery charges are based on the acts of a defendant who intends to harm another party. In these cases, any physical contact between the parties is unlawful and definitely unwanted. The injuries sustained by the victim indicates if malice was present. Defendants who are charged with these offenses visit http://www.powersmccartan.com for more information.