In North Carolina, defendants who are charged with assault or similar charges could incur serious penalties. The circumstances of these offenses could increase their penalty based on their actions and the victim’s injuries. The following is a review of physical assault-based offenses in North Carolina.
How is Assault Defined in North Carolina?
Assault charges in North Carolina are defined initially outline unwanted touching of another person. However, the charges aren’t limited to success touching of the victim. Any individual who makes the victim fear for their lives or any threat of physical harm equates to an assault charge. The use of a deadly weapon to threaten the victim could increase these charges for the defendant. If the assault occurs as a result of an attempted rape, the defendant faces additional charges as well.
What is Battery?
Battery charges aren’t the same as assault. These charges require the defendant to acquire physical contact successfully. This includes a physical battery in which the victim sustained serious injuries due to an altercation or other physical dispute. Typically, the state charges the defendant with assault and battery together as one charge. These charges include a sexual battery in which the defendant is accused of touching the victim in an inappropriate manner.
When is the Offense a Hate Crime?
The assault or battery charge is defined as a hate crime if the defendant acted according to a dislike of a certain race, gender, religious affiliation, or sexual orientation. However, the state must prove that the defendant acted due to this prejudice.
What is Domestic Violence?
Domestic violence is defined as bodily harm that involves family members or anyone who has lived in the same household. The assault or battery charge is increased when these circumstances are discovered. They will lead to a protection order and … Read More ...