assault charges

Assault and Battery Charges in North Carolina

Published on: July 3, 2024 | On behalf of Arnold & Smith, PLLC

Assault and Battery Charges in North Carolina

Assault charges are among the most common types of criminal charges in North Carolina. A conviction of assault charges could result in serious penalties that may include jail time, fines, community service, and more. In North Carolina, there are three main types of crimes that are similar. These include assault, battery, and affray. While these are defined as separate crimes, the penalties if found guilty are basically the same.

Assault – Assault in North Carolina law is defined as “an attempt to injure another by use of force or violence, or an act of force or violence that places another person in reasonable fear of immediate bodily harm.” An assault occurs when someone intends to cause harm to another and not by accident.

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina

Assault on a Police Officer in North Carolina

Published on: December 14, 2022 | On behalf of Arnold & Smith, PLLC

Assault on a Police Officer in North Carolina

Assault is a serious crime, but it is even more serious when you assault a police officer. A relatively minor crime will quickly escalate to a felony if you assault a member of law enforcement. Sometimes, assault on a police officer happens during an arrest. If you resist arrest and assault a police officer, you will be charged accordingly. What started out as one offense may have become several or more serious charges. Assault of a police officer or other protected person is a felony in North Carolina.

Who is a Protected Person?

Is Self-Defense Considered Assault in North Carolina?

Published on: January 27, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending” yourself could still be considered assault in North Carolina.

Justification as a Defense for Felons Using a Firearm

Published on: September 5, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by the Second Amendment of the United States Constitution. Therefore, it is important to know the rules and regulations surrounding gun ownership and use. Not everyone is free to own a gun at any time. For example, those who have been convicted of a felony are restricted in their right to use and own guns. Felons who possess a firearm face additional criminal charges. Those facing additional charges have sometimes tried to use a justification defense for possessing the firearm. Recently, the North Carolina Court of Appeals elaborated on the applicability of a justification defense for use or possession of a firearm by a felon.

Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

Published on: November 17, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office 2012 arrest of the man in a Stand-Your-Ground case in which he argued he should never have been charged.