How to Beat a Simple Assault Charge in North Carolina

Facing a simple assault charge in North Carolina can be scary. You might worry about jail time, fines, and how a conviction could hurt your future. The good news is that there are many ways to fight these charges. As North Carolina defense lawyers who have helped many clients in your position, we’ve put together this guide to help you understand your options.

What Is Simple Assault in North Carolina?

What’s the Basic Definition?

North Carolina law (§ 14-33(a)) specifically states that “Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.”

But what does that really mean? In simple terms, you could be charged with simple assault in North Carolina if you:

• Try to hurt someone or threaten to hurt them in a way that makes them afraid
• Make someone reasonably fear you’re about to harm them
• Touch someone in an unwanted way, even if it’s minor

The statute also recognizes “simple assault and battery” and “simple affray” (a public fight) as Class 2 misdemeanors under § 14-33(a).

How Does Simple Assault Differ From More Serious Assault Charges?

It helps to know the difference between simple assault and more serious assault charges:

Simple Assault (Class 2 Misdemeanor under § 14-33(a)):

• Basic unwanted contact or threats
• No serious injury
• No special circumstances (like using a weapon)
• Lower penalties

More Serious Assault (Class 1 Misdemeanor under § 14-33(b)):

• Includes special circumstances like assaulting a sports official (§ 14-33(b)(9))
• Carries intermediate penalties

Most Serious Misdemeanor Assault (Class A1 Misdemeanor under § 14-33(c)):

• Causes serious injury or involves a weapon (§ 14-33(c)(1))
• Targets certain protected people (women, children under 12, government workers)
• Comes with tougher penalties

What Happens If You’re Convicted of Simple Assault in North Carolina?

Even though simple assault is a “minor” crime compared to felonies, the consequences can still be serious:

• Crime Level: Class 2 Misdemeanor under § 14-33(a)
• Possible Jail Time: Jail time is a possibility, with length depending on your record
• Fines: Up to $1,000
• Probation: The court might put you on supervised or unsupervised probation
• Criminal Record: A permanent mark on your record that can make it harder to get jobs, housing, or loans

Beyond these legal penalties, a conviction can affect your reputation, family relationships, and even custody arrangements if you have children.

What Are the Specific Ways to Fight a Simple Assault Charge in North Carolina?

1. Self-Defense: Protecting Yourself Is Not a Crime

One of the strongest defenses against assault charges is showing you were protecting yourself. North Carolina law gives you the right to defend yourself when threatened. To use this defense successfully, you need to show:

• You truly believed you were about to be harmed
• Your fear was reasonable (a reasonable person would have felt the same way)
• You used only as much force as needed to protect yourself
• You didn’t start the fight (or if you did, you clearly tried to stop fighting before the incident)

Example: If someone raised a fist to punch you and you pushed them away, that could be self-defense.

2. Defending Others: Protecting Someone Else

Just like you can defend yourself, North Carolina law allows you to protect others who are in danger. This defense works when:

• You reasonably believed another person was about to be harmed
• You used appropriate force to protect them

Example: If you see someone threatening your friend and you step in to stop it, you might have a defense against assault charges.

3. It Was an Accident: Lack of Intent

For something to be assault, you must have meant to do it. Accidents aren’t crimes. Your lawyer might argue that any contact was completely unintentional, such as:

• Bumping into someone in a crowded place
• A reflex action you couldn’t control
• A misunderstanding that led to accidental contact

Example: If you were in a crowded bar and turned around quickly, accidentally bumping someone with your elbow, that’s not assault.

4. Not Enough Evidence: Making the Prosecution Prove Their Case

In any criminal case, including assault, the prosecution must prove you’re guilty “beyond a reasonable doubt.” This is a high standard. Common problems with evidence in assault cases include:

• No witnesses besides the person making the accusation
• Witnesses who tell different versions of what happened
• No physical evidence (like injuries or video)
• The accuser has reasons to lie or exaggerate

A good defense lawyer will look for these weaknesses and use them to create doubt about your guilt.

5. False Accusations: When Someone Isn’t Telling the Truth

Unfortunately, people sometimes make false assault accusations for various reasons:

• During heated arguments or breakups
• To gain advantage in custody battles
• Out of anger or revenge
• During disputes with neighbors or coworkers

Your lawyer can help gather evidence that shows the accusations against you are false, such as:

• Messages or texts that contradict the accusations
• Witness statements that tell a different story
• Proof that the accuser has a reason to lie
• Evidence about the accuser’s history of making false claims

6. Working With Prosecutors: Negotiations and Programs

Sometimes, especially for first-time offenders, the best approach is to work with prosecutors rather than fight the charges in court. This might involve:

• Reduced charges (like disorderly conduct instead of assault)
• Deferred prosecution (charges dismissed if you meet certain conditions)
• Completing anger management classes
• Entering a diversion program designed for first-time offenders

In North Carolina, successful completion of certain programs can lead to dismissed charges and the possibility of clearing the arrest from your record through expungement.

When Does Simple Assault Become More Serious in North Carolina?

It’s important to know what factors can make a simple assault charge more serious. In North Carolina, assault becomes a Class A1 misdemeanor (the most serious type of misdemeanor) under § 14-33(c) if:

• You cause serious injury or use a deadly weapon (§ 14-33(c)(1))
• You’re a man over 18 assaulting a female (§ 14-33(c)(2))
• You assault a pregnant woman (§ 14-33(c)(2a))
• You assault a child under 12 (§ 14-33(c)(3))
• You assault certain government workers (§ 14-33(c)(4))
• You assault school employees or volunteers (§ 14-33(c)(6))
• You assault public transit operators (§ 14-33(c)(7))
• You assault police officers (§ 14-33(c)(8))
• You assault rideshare drivers (§ 14-33(c)(9))

If any of these factors apply to your case, you face more serious charges and need strong legal help right away.

Additionally, § 14-33(d) creates special provisions for cases involving assault with serious injury or a deadly weapon when committed against a person with whom you have a personal relationship, if the assault occurs in the presence of a minor. This is treated as a Class A1 misdemeanor with mandatory supervised probation for community punishments and minimum 30-day active sentences for repeat offenders.

What Are Some Real-Life Examples of Successful Defenses Against Simple Assault?

Understanding how these defenses work in real situations can help you see possible strategies for your own case:

Example 1: Self-Defense Success A client was charged with simple assault after an altercation at a sports bar. Security footage showed the other person pushed our client first, and our client only pushed back to create space. Result: Case dismissed.

Example 2: Lack of Evidence A client faced charges based solely on the word of an accuser with no injuries, no witnesses, and no prior relationship with our client. We successfully argued there wasn’t enough evidence to prove guilt beyond reasonable doubt. Result: Not guilty verdict.

Example 3: Diversion Program A first-time offender with no criminal history was accused of simple assault during a heated argument. We negotiated entry into a diversion program requiring anger management classes. Result: Charges dismissed after program completion and eligible for expungement.

Why Do You Need a Good North Carolina Defense Lawyer?

Fighting assault charges without proper legal help significantly reduces your chances of a good outcome. A skilled North Carolina defense lawyer will:

• Look at the specific details of your case
• Figure out the best defense strategy
• Gather evidence that helps your case
• Talk to witnesses
• Negotiate with prosecutors from a position of strength
• Represent you strongly in court if needed
• Help you understand the complex legal process
• Protect your rights throughout your case

Many people make the mistake of thinking simple assault is “no big deal” or that they can handle it themselves. This often leads to worse outcomes and missed opportunities for defense.

How Does the Court Process Work for Simple Assault in North Carolina?

Knowing what to expect in court can help reduce your stress and allow you to better prepare:

1. Arrest or Citation: How charges typically begin
2. First Court Appearance: You’ll be told the charges and possible penalties
3. Pretrial Meetings: Discussions about resolving the case without trial
4. Evidence Exchange: Both sides share evidence
5. Legal Motions: Your lawyer may file motions to dismiss charges or block certain evidence
6. Trial: If your case isn’t resolved earlier, it goes to trial (usually before a judge for misdemeanors)
7. Sentencing: If convicted, the court decides your punishment
8. Possible Appeals: If legal mistakes happened during your case

The timeline can vary depending on your local court’s schedule and the complexity of your case. A simple assault case might be resolved in a few months or could take longer if it goes to trial.

Get Help From Our North Carolina Assault Defense Lawyers Today

If you’re facing simple assault charges in North Carolina, getting legal help quickly can make a big difference in your case. The sooner you have a skilled lawyer on your side, the better your chances of a good outcome.

Patrick Roberts Law Firm has helped clients* across North Carolina fight simple assault charges through strategic defense planning, tough negotiation, and skilled courtroom advocacy. Patrick and his team understand how a single charge can impact your future—and they know how to fight back.

Don’t take chances by going it alone. Contact Patrick Roberts Law Firm today to schedule a confidential consultation and start building your defense.

*DISCLAIMER: Each case is different and must be evaluated separately.  Prior results achieved do not guarantee similar results can be achieved in future cases.

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