North Carolina Assault Laws Explained — From Misdemeanor to Felony
A comprehensive guide covering Simple Assault, Assault on a Female, Strangulation, and Assault with a Deadly Weapon in North Carolina.
North Carolina has a comprehensive system for prosecuting assault offenses, ranging from simple misdemeanors to serious felonies. This guide provides an overview of all major assault charges, their penalties, and how they differ from each other.
Overview of North Carolina Assault Laws
North Carolina's assault laws are primarily governed by Chapter 14 of the General Statutes, with sentencing determined by the Structured Sentencing Act. The system classifies offenses from least serious (Class 3 misdemeanor) to most serious (Class A felony).
Assault Offense Comparison
| Offense Type | Classification | Statute | Max Sentence | Fine Range |
|---|---|---|---|---|
| Simple Assault | Class 2 Misdemeanor | G.S. 14-33(a) | Up to 60 days jail | $0–$1,000 |
| Assault on a Female | Class A1 Misdemeanor | G.S. 14-33(c)(2) | Up to 150 days jail | $0–$2,000 |
| Assault with Deadly Weapon | Class E-F Felony | G.S. 14-32 | 15-88 months prison | $0–$10,000 |
| Assault by Strangulation | Class H Felony | G.S. 14-32.4(b) | 5-39 months prison | $0–$5,000 |
Simple Assault (Class 2 Misdemeanor)
Statute: G.S. 14-33(a) Penalty: Up to 60 days jail, $0–$1,000 fine
Simple assault is the most basic assault offense, involving an unlawful attempt or offer to injure another person without using a deadly weapon. It's typically charged when there's no physical contact or only minor contact.
Key Elements:
- Unlawful attempt or offer to injure
- No deadly weapon involved
- Victim's reasonable fear of immediate harm
Use our Simple Assault Calculator to estimate your potential sentence.
Learn more: Simple Assault in North Carolina — Charges, Penalties, and Jail Time
Assault on a Female (Class A1 Misdemeanor)
Statute: G.S. 14-33(c)(2) Penalty: Up to 150 days jail, $0–$2,000 fine
This offense occurs when a male person commits an assault against a female person. It carries enhanced penalties compared to simple assault and is often charged in domestic violence situations.
Key Elements:
- Male defendant
- Female victim
- Same assault elements as simple assault
Use our Assault on a Female Calculator to estimate your potential sentence.
Learn more: Assault on a Female in North Carolina — What You Should Know
Assault with a Deadly Weapon (Class E-F Felony)
Statute: G.S. 14-32 Penalty: 15-88 months prison, $0–$10,000 fine
This is a serious felony offense involving assault with a deadly weapon or with intent to kill or inflict serious injury. The classification depends on the specific circumstances.
Key Elements:
- Assault (unlawful attempt or offer to injure)
- Use of deadly weapon OR intent to kill/serious injury
- Deadly weapon includes firearms, knives, or any object used in a deadly manner
Use our Assault with Deadly Weapon Calculator to estimate your potential sentence.
Learn more: Assault with a Deadly Weapon in North Carolina — Felony Sentencing Explained
Assault by Strangulation (Class H Felony)
Statute: G.S. 14-32.4(b) Penalty: 5-39 months prison, $0–$5,000 fine
This offense involves intentionally impeding normal breathing or circulation of blood. It's often charged in domestic violence cases and carries serious penalties.
Key Elements:
- Intentional impeding of normal breathing or circulation
- Pressure to throat/neck OR blocking nose/mouth
- Often occurs in domestic violence situations
Use our Assault by Strangulation Calculator to estimate your potential sentence.
Learn more: Assault by Strangulation in North Carolina — Penalties and Sentencing
Sentencing Factors
All assault offenses consider these factors:
Prior Record Levels
- Level I: 0-1 prior convictions
- Level II: 2-4 prior convictions
- Level III: 5-8 prior convictions
- Level IV: 9-14 prior convictions
- Level V: 15-17 prior convictions
- Level VI: 18+ prior convictions
Aggravating Factors (Increase Sentence)
- Use of weapons
- Victim is elderly, disabled, or minor
- Prior violent convictions
- Serious bodily injury
- Offense committed during another crime
Mitigating Factors (Decrease Sentence)
- No prior record
- Cooperation with law enforcement
- Voluntary surrender
- Remorse and acceptance of responsibility
- Participation in counseling programs
Legal Consequences
Misdemeanor Convictions
- Jail time (up to 150 days for Class A1)
- Fines (up to $2,000)
- Criminal record (may affect employment)
- Possible gun rights restrictions
Felony Convictions
- Prison time (5-88 months depending on offense)
- Higher fines (up to $10,000)
- Permanent felony record
- Loss of gun rights (federal prohibition)
- Employment restrictions
- Housing difficulties
Getting Legal Help
If you're facing assault charges in North Carolina:
- Hire an experienced criminal defense attorney immediately
- Do not speak to police without legal counsel
- Gather evidence that supports your defense
- Consider your options for plea negotiations
- Prepare for the legal process ahead
Conclusion
North Carolina's assault laws provide a graduated system of penalties based on the severity of the offense and circumstances. Understanding the differences between these charges is crucial for anyone facing assault allegations. Always consult with a qualified defense attorney who can help you navigate the legal system and protect your rights.
Related Calculators
Use these free North Carolina assault calculators to estimate your potential sentencing:
- North Carolina Assault Sentencing Calculator — Compare all assault types
- Simple Assault Sentence Calculator — Class 2 misdemeanor
- Assault on a Female Calculator — Class A1 misdemeanor
- Assault with Deadly Weapon Calculator — Class E-F felony
- Assault by Strangulation Calculator — Class H felony