Assault is the intentional act of putting a victim in fear of a bodily injury or a failed attempt at battery. In North Carolina, simple assault, which is assault without any aggravating factors present, is classified as a Class 2 misdemeanor. However, if there are aggravating factors present, then the assault may be raised to a Class A1 misdemeanor or even a felony.
North Carolina views assault against a female as a worse crime than simple assault if it is committed by a male who is 18 years old or older. Thus, North Carolina has made this form of assault a separate crime from simple assault and classified it as a Class A1 misdemeanor. Underneath Carolina law, a person commits the offense of assault on a female if the perpetrator is a male who is at least 18 years old and commits an assault against a female.
No. Assault on a female does not involve the infliction of any physical injury upon the victim. The foundation of any assault case is whether the perpetrator merely attempted to inflict injury or place the victim in fear of being injured.
Although the two crimes are both Class A1 misdemeanors and both involve assault, they are otherwise different crimes. Assault on a female does not involve the use of a deadly weapon, and it can only happen if the victim is a female and the perpetrator is a male of 18 years of age or older. Assault with a deadly weapon occurs when a person uses a deadly weapon to commit the assault. The deadly weapon can range from a gun to a knife or scissors. Assault with a deadly weapon does not have a limit with regard to either the perpetrator’s gender and age or the victim’s gender. Anyone can be assaulted with a deadly weapon, and anyone can commit assault with a deadly weapon.
No. A person will receive a community punishment, an active punishment, or an intermediate punishment lasting one to 60 days if they are convicted for the first time of a Class A1 misdemeanor. If a person has prior misdemeanor convictions, then they may face up to 150 days of punishment. For a misdemeanor active punishment, a person will serve that time in jail. If a person is sentenced to an intermediate punishment, then they could face supervised probation for the entire sentence or a split sentence, where part of the sentence is served in jail and the rest of the sentence is served under supervised probation. An intermediate punishment may also include community service, house arrest, substance abuse monitoring or treatment, and/or a variety of other punishments. A community punishment consists of unsupervised or supervised probation, and it my also consist of community service, substance abuse assessment or monitoring, house arrest, and/or other forms of alternative punishment.
Legal representation is a crucial part of any good defense strategy against a criminal charge. Contact a North Carolina lawyer immediately if you are accused of or charged with assaulting a female in North Carolina.