Winston-Salem Assault and Battery Lawyer

Dedicated Assault and Battery Attorney in Winston-Salem

Assault and battery are serious crimes, and North Carolina criminal law uses the terms interchangeably and most frequently uses just the term assault to apply to both. This is not true in all cases because some crimes require both elements to be present. This crime can be charged as a misdemeanor or a felony, and convicted individuals can face life-altering consequences as a result.

Following an arrest, it is always important to speak with an experienced Winston-Salem assault and battery lawyer to defend your rights, future, and freedom.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we stand ready to provide experienced, effective representation to our clients, no matter the charges they are facing. Our team of dedicated Winston-Salem criminal defense lawyers can seek a reduction or dismissal in the charges against you, or try to help you avoid lengthy sentencing.

If you have been arrested for a violent crime, call and schedule a consultation with our criminal defense team.

Differences Between Assault and Battery

In general, assault is the act of creating a reasonable fear of imminent harm, whereas battery refers to the act of unlawful physical contact itself. However, North Carolina considers both crimes to be assault, grouping them together as a single offense under N.C.G.S. 14-33.

What Is Considered Assault and Battery?

The state of North Carolina officially recognizes many kinds of misdemeanor assault and battery offenses:

• Affray. This is when a physical altercation takes place in a public setting and is likely to upset or frighten other individuals
• Simple assault. The attempt or commission of an assault upon another individual or acting in such a way to make the individual believe assault and battery could occur
• Assault with a deadly weapon. Causing, or intending to without causing, physical harm to another individual with a deadly weapon
• Assault by pointing a gun. Pointing a gun at another person intentionally, whether or not the gun is loaded
• Assault on a female. A male (18 years old or older) assaults a female
• Assault on a child under 12. A person assaults a child under 12 years of age
• Assault in the presence of a minor. During an assault or affray, a person inflicts serious injury or uses a deadly weapon on another person with whom they have a personal relationship within the presence of a minor
• Battery on an unborn child. A person commits a battery on a pregnant woman
• Simple assault on a handicapped person. The commission of an assault and battery on a person known to be handicapped Assault on a government officer or employee – an assault on an officer or employee of the State when that officer or employee is actually discharging or attempting to discharge official duties
• Assault on a government officer or employee. An assault on an officer or employee of the State when that officer or employee is actually discharging or attempting to discharge official duties
• Assault on a company or campus police officer. An assault on a certified company or campus police officer while he or she is performing his or her duties
• Assault on school personnel. Assault on a school employee or volunteer who is discharging or trying to discharge his or her duties
• Assault and battery on a sports official. An assault and battery against a sports official who is discharging or attempting to discharge his or her official duties during or immediately after a sports event
• Assault on a public transit operator. An assault on a public transit operator who is discharging or attempting to discharge his or her duties
• Ethnic intimidation. An assault of another person or damage or defacement of another person’s property or any threats to do the above based on the victim’s race, color, religion, nationality or country of origin

Assault charges can include:

• Assault inflicting serious injury
• Assault inflicting serious injury by strangulation
• Simple assault
• Assault with a deadly weapon
• Assault with intent to kill
• Assault and battery

Each type of assault is treated as a serious crime, and prosecutors may attempt to deliver the most severe penalties possible for each case. Convicted individuals may receive significant time in jail; may be forced to pay fines and restitution; and could face restraining orders, complications with relationships and careers, and a life with a criminal conviction on their record.

Upon conviction, a class 2 misdemeanor conviction can lead to a sentence of up to 60 days in jail with a fine of up to $1000.00. A class 1 misdemeanor conviction can lead to a sentence of up to 120 days in jail with the addition of a fine. A class A1 misdemeanor conviction is punishable by up to 150 days of jail time and a fine.

Having an experienced Winston-Salem assault and battery attorney can help since there are many useful legal defenses to be had if you are charged with assault and battery in North Carolina. Similarly, Winston-Salem weapons charges lawyers can help you with the legal assistance if in case you are facing weapons charges.

How Does a Skilled Criminal Lawyer Handle Your Case?

A skilled criminal lawyer in Winston-Salem can help a judge or jury understand your actions, particularly if you act out of many of the legally protected actions, including necessity, self-defense, or defense of others. In many cases, it’s also possible that you were misidentified or that you were the subject of a false accusation.

Our experienced assault and battery attorneys at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can work diligently on your case by reviewing all the details to mount an effective and bellicose defense in our search for justice.

Hire an Assault and Battery Lawyer

In 2022, aggravated Assault accounted for 76.6% of all the violent crimes that occurred in Forsyth County, North Carolina. That same year, there were 4,781 cases of simple assault in Winston-Salem, 1,718 cases of intimidation, and 1,509 cases of aggravated assault.

If you’re facing charges, it doesn’t matter whether they are for simple assault or aggravated assault against a member of the Winston-Salem Police Department. You need to hire an assault and battery lawyer to help you defend yourself.

Working with an experienced attorney is the most effective way to promote a positive outcome in your case. Your attorney can assist you with everything from understanding the charges being brought against you to constructing an effective defense against them, gathering evidence, interviewing witnesses, and looking for weaknesses in the prosecution’s case. You can schedule a consultation with a skilled assault and battery attorney by contacting our office.

Common Defenses in Assault Cases

There are many defenses that can be used in assault and battery cases. Your attorney can evaluate the specifics of your case and determine which of them makes the most sense. Depending on what happened and what kind of evidence is available, there may be any number of defenses utilized.

Self-Defense

Self-defense is a common defense used in assault and battery cases. It requires showing that you faced a threat of serious force or had a reasonable basis to fear imminent harm, did not provoke the incident, and had no reasonable chance to escape from it or deescalate the situation. For your defense to be successful, the use of force must have been proportional to the threat posed. Differences in the size and age of the defendant and alleged victim can be considered.

Defense of Others

Defense of others works like self-defense. The difference is that instead of fearing for your own safety, you must have had an honest perceived fear of harm to another person. The same limitations apply to the defense of others as to self-defense.

Defense of Property

If someone invades your property, you may be able to claim defense of property in an assault case if you used non-deadly violence against that person. This defense may also be used in cases where the alleged victim steals from the defendant, as may be the case if someone pickpocketed you or snatched your purse. It’s often the case that the defense of property escalates into self-defense, which can bolster your defense.

Consent

In limited cases, consent can be a defense to an assault charge. If both parties engaged in mutual combat and neither party escalated the combat beyond what was agreed upon, that can be a defense against assault. However, if the act of violence exceeded the permission provided or the mutual combat disturbed the public peace, those involved could still face charges.

False Accusations

False accusation defenses sometimes come up in the context of domestic violence assault cases. Ongoing relationship conflicts can introduce reasonable doubt, as might be the case if a former spouse claims they have been assaulted in retaliation for an unwanted divorce outcome, for example.

Lack of Evidence

In the context of domestic violence, charges are sometimes brought after incidents are reported by third parties who misunderstand the situation. Investigations typically clear up these misunderstandings, but sometimes, ordinary, lawful conflict can lead to criminal charges as a result. A lack of evidence should lead to a case dismissal or an acquittal in court.

You shouldn’t immediately plead guilty to assault charges even if you believe you committed Assault. Your lawyer may be able to get the charges reduced in return for a plea bargain, even if the facts are clear. This can lower the potential penalties or even get your felony charges reduced to a misdemeanor to avoid a more substantial impact on your life moving forward.

If you’re not sure whether to plead guilty or to take your case to trial, ask your attorney for their opinion. They can leverage their knowledge of assault laws and their previous trial experience to help you make an informed decision.

FAQs

Can You Have a Civil Claim Brought Against You for Assault?

You can have a civil claim brought against you for assault in addition to facing criminal charges, whether you are convicted or not. A criminal conviction can make it more difficult to defend yourself against a civil case, so hiring an experienced lawyer to handle your assault and battery case can also improve your odds of avoiding civil liability.

What’s a Worse Charge, Assault or Battery?

Battery is a worse charge than assault because it involves actual unwanted physical contact or harm, which is generally considered worse than just threatening physical harm. However, in North Carolina, both offenses are classified as assault, with assault penalties varying from misdemeanors to felonies based on the injuries caused and the weapons used.

What Evidence Is Needed for a Battery Case?

The evidence needed for a battery case typically includes physical evidence such as injuries or torn clothing, medical records, photographs, and witness testimony. The prosecution must show proof of contact, intent, and lack of consent. Eyewitness accounts often play a large role in establishing what happened during the incident.

What Are the Three Primary Types of Assault?

The three primary types of assault are simple assault, aggravated assault, and sexual assault. Assault charges can be further clarified by what type of weapon was used and who the victim was. Assault on a protected person or using a deadly weapon can bring more severe penalties than ordinary assault charges.

How Hard Is It to Defend Yourself Against Assault Charges?

How hard it is to defend yourself against assault charges depends on the strength of the evidence against you. If the prosecution has substantial physical evidence and eyewitness accounts that paint you as the aggressor, it could be substantially more difficult to defend yourself than it would be if the evidence against you were weak and there were no witnesses to the event.

Winston-Salem Assault and Battery Lawyer

The most effective way to defend yourself against a criminal conviction is to contact our assault and battery attorney as soon as possible. The laws governing assault and battery can be confusing and you should always have an attorney on your side.

Following an arrest, call 336-390-4426 and schedule a consultation with LAWSMITH, The Law Offices of J. Scott Smith, PLLC, right away.