Assault on a Female in North Carolina — What You Should Know
Explore penalties for Assault on a Female under G.S. 14-33(c)(2), a Class A1 misdemeanor with up to 150 days in jail.
Assault on a female is a specific criminal offense in North Carolina that carries enhanced penalties compared to simple assault. This article explains what constitutes this offense, how it's classified, and what penalties defendants may face.
Definition of Assault on a Female (G.S. 14-33(c)(2))
Under North Carolina law, assault on a female occurs when a male person commits an assault against a female person. This offense is prosecuted under G.S. 14-33(c)(2) and classified as a Class A1 misdemeanor.
The key elements of assault on a female include:
- A male defendant
- A female victim
- An unlawful attempt or offer to injure the female person
- The ability to carry out the threat
- The victim's reasonable fear of immediate physical harm
Penalties and Sentencing Ranges
A conviction for assault on a female can result in up to 150 days in jail and a fine up to $2,000. The actual sentence depends on the defendant's prior record level:
- Level I (No prior convictions): Usually community or intermediate punishment
- Level II (1-4 prior convictions): Up to 120 days possible
- Level III (5+ priors): Up to 150 days active sentence
Sentencing by Prior Record Level
| Prior Record Level | Jail Time Range | Typical Disposition |
|---|---|---|
| Level I (None) | 1-30 days | Community punishment |
| Level II (1-4 priors) | 1-120 days | Intermediate punishment |
| Level III (5+ priors) | 1-150 days | Active punishment |
Aggravating and Mitigating Factors
The court considers various factors when determining the appropriate sentence for assault on a female.
Common Aggravating Factors
- Minor victim
- Weapon involved
- Victim is pregnant
- Prior domestic violence convictions
- Victim is elderly or disabled
- Offense committed in presence of children
Common Mitigating Factors
- No prior record
- Voluntary surrender
- Cooperation with law enforcement
- Seeking counseling or treatment
- Genuine remorse and acceptance of responsibility
Domestic Violence Context
Assault on a female is often charged in domestic violence situations, which can have additional legal consequences:
- Protective Orders: Victims may obtain restraining orders
- Gun Rights: Conviction may affect federal firearm possession rights
- Employment: May impact certain professional licenses
- Housing: May affect rental applications and public housing eligibility
Can Assault on a Female Be Dropped or Reduced?
Yes. Prosecutors may agree to reduce or dismiss charges based on several factors:
- Evidence strength and witness cooperation
- Victim's wishes and safety concerns
- Defendant's participation in counseling programs
- Restorative justice programs
- Plea negotiations
Common Charge Reductions
- Simple Assault (Class 2 misdemeanor)
- Disorderly Conduct (Class 3 misdemeanor)
- Dismissal with completion of anger management
Related Laws and Upgraded Offenses
Some common upgraded assault offenses in North Carolina include:
- Assault with a Deadly Weapon — G.S. 14-32 (felony)
- Assault by Strangulation — G.S. 14-32.4(b) (Class H felony)
- Domestic Violence Protective Order Violations — G.S. 50B-4.1
When Assault on a Female Becomes More Serious
If aggravating circumstances are present, the charge may be upgraded to:
- Assault with a Deadly Weapon (if a weapon is involved)
- Assault by Strangulation (if strangulation occurs)
- Domestic Violence (if in a domestic relationship)
Legal Resources and Next Steps
If you're facing assault on a female charges in North Carolina, consider these steps:
- Consult an attorney immediately - Early legal representation is crucial
- Understand your rights - You have the right to remain silent and to legal counsel
- Gather evidence - Collect any relevant documentation or witness information
- Consider counseling - Participation in anger management or domestic violence programs may help your case
- Follow court orders - Comply with any protective orders or conditions of release
Conclusion
Assault on a female is a serious misdemeanor offense in North Carolina that can have lasting consequences. While it's classified as a misdemeanor, a conviction can still significantly impact your life, including employment opportunities, housing options, and gun rights. Always consult a qualified defense attorney for legal advice specific to your case.
Frequently Asked Questions
Is assault on a female a felony in North Carolina?
No. Assault on a female is a misdemeanor offense (Class A1) unless aggravating circumstances elevate it to a more serious charge such as assault with a deadly weapon.
What is the statute of limitations for assault on a female in NC?
Two years for misdemeanors under North Carolina law (G.S. 15-1).
Can assault on a female charges be expunged?
Yes. If the charge was dismissed or resulted in a not-guilty verdict, it may be eligible for expunction under G.S. 15A-146.
Does assault on a female affect gun rights?
Yes. A conviction for assault on a female may affect your federal gun rights under federal law, even though it is a misdemeanor in North Carolina.
What if the victim doesn't want to press charges?
While the victim's wishes are considered, the prosecutor ultimately decides whether to proceed with charges. The case may still be prosecuted even if the victim is uncooperative.
Related Calculators
- Assault on a Female Sentence Calculator (NC)
- Simple Assault Sentence Calculator (NC)
- North Carolina Assault Sentencing Calculator
Related Articles
- Simple Assault in North Carolina — Charges, Penalties, and Jail Time
- Assault with a Deadly Weapon in North Carolina — Felony Sentencing Explained
- North Carolina Assault Laws Explained