This can mean a substantially harsher sentence for the offender, and it is not the type of charge that you want to navigate on your own. Affray: This is an act where two or more people fight physically in a public place. Assault on a Female in North Carolina. According to North Carolina statute § 14-33, you can be charged with assault on a female if you’re a “male person at least 18 years of age” who threatens believable imminent physical harm or physically contacts the victim in an offensive manner. Assault with a deadly weapon does not have a limit with … Assault with a deadly weapon occurs when a person uses a deadly weapon to commit the assault. Assault, Criminal Defense, Criminal Attorney. I won’t be talked to that way. Profile. The State may also bring a separate misdemeanor charge for failing to appear in court and answer the charges against him. While the victim is female, the defendant is not a male. In so doing, be polite. The coworker does not see the thrown punch. Cancel Unsubscribe. One of the most serious misdemeanor assault charges is Assault on a female, more commonly called “AoF”. This is where the police respond to a call for service or witness an incident taking place, and they charge the aggressor with assault on a female. Assault on a Female is a Class A1 misdemeanor punishable by a maximum sentence of 150 days in jail. The first element of assault on a female is the assault itself. 50B-1; Violation of a DVPO; Firearm Consequences North Carolina allows parents to use reasonable force in administering corporal punishment. The law states you can be charged with a Class A1 misdemeanor if you commit assault, assault or battery, or affray as a male person over the age of 18 years against a female. Misdemeanor Assault – Laws and Penalties in NC. For someone with a clean record, the maximum is 60 days. Is my right to purchase a firearm gone? Prior results do not guarantee any future outcomes. If you’re charged with assault in North Carolina, you could be facing a misdemeanor or a felony depending on the circumstances of the supposed crime. As such, without more substantial injuries, a conviction for assault would be at best problematic for the prosecutor. If you have been charged with assault on a female or have questions about a pending charge or recent conviction please contact Jetton & Meredith to set up a consultation with our knowledgeable attorneys. Assault on a Female is a Class A1 misdemeanor and regardless of your previous record, you will be looking at jail time on your first offense. Reveal number tel: 910-333-9679 . I was convicted of assault on a female. It is important to tell your attorney which of these describes your case because it can often change much of the process moving forward. One aspect of assault charges in Wake County may involve a CIVIL cause of action for a Domestic Violence Protection Order or “DVPO.” That is a separate legal proceeding and is a type of restraining order. UNION COUNTY, NC (WBTV) - A Union County Sheriff’s deputy was charged with assault on a female and communicating threats Friday after an investigation conducted by the Sheriff’s Office. Defendant argues that the trial court failed to properly inquire into his trial counsel's conflict of interest and failed to properly inform Defendant of the consequences of the conflict of interest. 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. I was convicted of assault on a female. Please don't hesitate to call us if you have any questions! The crime of assault on a female is a Class A1 misdemeanor, which can include a criminal sentence up to 150 days in jail. That may be a separate criminal offense. Lawyer's Assistant: Have you talked to a NC lawyer about the gun ownership? Finally, the victim in an assault on a female case must be a female. This would be the charge if you assault someone but it doesn’t fit the criteria to be charged as described above. Here's a rundown of crime in Cornelius. (d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. What makes the charge significant is that it bumps the charge up from a Class 2 misdemeanor to a Class A1 misdemeanor, which is the highest level of misdemeanor. If you have been accused of committing assault on a female in Raleigh, it is important to seek legal representation. Chapter 50B and is commonly referred to by criminal lawyers in Wake County as a “50B Order.” If you have been arrested for assault, make sure to carefully review the paperwork served upon you. An assault on a female charge is a specific assault crime. A 16 year old male slaps his mother across the face. The crime of Assault on a Female under North Carolina Criminal Law 14-33 (c) (2) is a misdemeanor criminal offense characterized by a Simple Assault upon a female person by an adult male. Avvo Rating: 7.7. If you have been arrested and charged with this crime, you need to treat your situation very seriously. Assault on a Female. Defendant may be convicted of simple assault. - The General Assembly finds that female genital mutilation is a crime that causes a long-lasting impact on the victim's quality of life and has been recognized internationally as a violation of the human rights of girls and women. You may also have to argue against a restraining order/50B protective order, or you may face charges for actions such as interfering with emergency equipment, making harassing phone calls, communicating threats and injury to real or personal property. They can include: Long-term probation; Fines and restitution, Call John Fanney now to schedule your free legal consultation. a. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence. Assault: Actual assault is when you attempt to attack a person by a show of physical force, or the act proves that an assault is imminent. Call. Assault on a female allegations are very serious. An active term of imprisonment is a very real possibility depending on a series of factors including: In some instances, a Class A1 Misdemeanor carries more consequences than even a low-level (Class H or Class I) felony. Misdemeanor Assault – Laws and Penalties in NC. This means the State decides whether or not to drop any charges. In general, a misdemeanor assault is a … And judges, when asked to return guns to such defendants under G.S. Assault charges in North Carolina carry very harsh penalties, and these penalties could have damaging effects on your future. (a) Legislative Intent. Hello, I'm in NC and I have an A1 assault on a female conviction on my record from over a decade ago. The contact form sends information by non-encrypted email, which is not secure. December 15, 2018 / Wiley Nickel / Comment. Assault on a female is a Class A1 misdemeanor. In District Court, the Finder of Fact is the District Court Judge. Assault on a female is a Class A1 Misdemeanor under N.C.G.S. Defendant Rufus Durand Lynch appeals from judgment entered upon jury verdicts of guilty of felony assault on a female and attaining habitual felon status. North Carolina Criminal Law Chapter 14-33(c)(2) establishes the charge as a Class A1 Misdemeanor Offense. This can translate into a substantial difference in sentencing — for instance, someone who has no prior convictions would … Assault on a female sounds exactly like what it is: a male over the age of 18 commits an assault on a female. ... Our office is located in Cary, NC and we handle assault cases in Wake County, NC. You may also have to argue against a restraining order/50B protective order, or you may face charges for actions such as interfering with emergency equipment, making harassing phone calls, communicating threats and injury to real or personal property. The age of the victim in NC Assault on Female charges does not matter. Both assault and assault and battery are Common Law offenses. So you’ve been charged with assault. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor … You may also reach John by email at: John@FanneyLaw.com, N.C.G.S. For someone with a couple of prior convictions, the maximum is 75 days. The second element is one that is very important and requires that the defendant must be a male who is at least 18 years of age or older. Battery on the other hand, involves some sort of offensive physical contact. Even if the alleged “victim” wants to drop the case, once North Carolina gets its hands on it, it will not let it go. He is a recognized criminal law specialist in North Carolina and a widely respected defense attorney in Wake County. Yes, I slapped her across the face. The second way that a person can be charged is through North Carolina’s private warrant system. Criminal Defense for Assault on a Female Cases. When a person raises an affirmative defense, instead of denying responsibility for the alleged assault, he alleges further facts that negate his criminal liability. Start your defense immediately. As bad as a jail term is, the serious repercussions of a domestic violence conviction last far longer. The deadly weapon can range from a gun to a knife or scissors. Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. What makes the charge significant is that it bumps the charge up from a Class 2 misdemeanor to a Class A1 misdemeanor, which is the highest level of misdemeanor. Simple assault, assault on female, assault with a deadly weapon or inflicting serious injury, assault by pointing a gun, domestic criminal trespass, and stalking if the defendant and victim had a personal relationship as defined in G.S. 4.0 stars 33 reviews. One common affirmative defense for assault is self-defense. In North Carolina, assault on a female is among the most serious A1 misdemeanor crimes. 1. If you’ve been arrested in Raleigh for assault or assault on a female, it’s time to lawyer up. *Each case is different and must be evaluated on its individual facts. - Assault on a female (N.C.G.S 14-33(c)(2)) - Assault a child under the age of 12 (N.C.G.S 14-33(c)(3)) - Assault inflicting serious injury or using a deadly weapon on a person in a personal relationship and in the presence of a minor. It has been more than 20 years and I have not been in trouble except for a couple speeding tickets. In North Carolina, assault on a female is among the most serious A1 misdemeanor crimes. Message. She’s fine.” Defendant is charged with both Assault on a Female and Assault on a Child Under the Age of 12 and arrested. Below, we will describe the difference between the two, along with the penalties for these charges, and defenses that can be used to fight back against them. A jury may estimate the age of the Defendant by observing him in Court. This is an extremely common charge that can arise in the area of domestic households, as often times verbal arguments between people in a dating or marital relationship can lead to physical confrontations. Criminal charges may also be brought with evidence of an attempt to use violence to injure someone. Your browser is out of date. Time is often key in presenting an effective defense. It has been more than 20 years and I have not been in trouble except for a couple speeding tickets. Defendant is held for two days (48 hours) before he is released on a $2,500 secured bond. The defendant cannot not be convicted of Assault on a Female. Assault on a Female Charges in Raleigh | Raleigh, NC Assault Attorney Sparrow Law Firm. The defendant may be charged and possibly convicted of simple assault. 14-33 Assault on Female | Raleigh Criminal Defense Lawyer. Can I still possess a firearm. Being charged with assault does not necessarily require that you have put your hands on someone. If the assault on a female charge involves a family member, someone you’ve lived with, someone you’ve had a dating relationship with, etc., they may seek protection from “future acts of domestic violence” by filing a type of lawsuit. Assault on a female is a serious misdemeanor offense in North Carolina and carries more severe penalties than simple assault and battery. It is not a criminal charge. Someone commits simple assault if they unlawfully touch someone or perform a show of violence. Do not delay in talking to a lawyer. Assault on a Female in North Carolina. All criminal charges, consistent with the Constitution must be proven Beyond a Reasonable Doubt. The practice is mostly carried out on girls under the age of 15 years old. The intent necessary would be the intent to do harm or the intent to commit an act that is violent. You may face a jail sentence and fine and will have a permanent criminal record if you are convicted. Waynesville, NC Attorney Robert Gilligan explains the potential consequences and challenges faced when one is charged with Assault on a Female. That means you could be facing up to 150 days in jail if you are convicted. That is authorized under N.C.G.S. By Eugene Volokh on October 5, 2011 6:39 pm in Sex Discrimination North Carolina, it turns out, makes “ [a]ssault [ing] a female ” a class A1 misdemeanor, if the attacker is “a male person at least 18 years of age”; female-on-male, male-on-male, and female … A sporting event fight, for example, would be an affray, not assault. A show of violence means that someone threatens violence without necessarily acting on it. In North Carolina, assault charges are usually broken down into two groups; felony and misdemeanor assaults. If the defendant has prior convictions, the sentence can be as long as 60 days. Dropping assault on female charges in NC. Can I still possess a firearm. 50B-1 ; Violation of a DVPO; Firearm Consequences. 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