Simple Assault in North Carolina — Charges, Penalties, and Jail Time

Simple assault is one of the most common criminal charges in North Carolina. Despite sounding minor, it can carry lasting legal consequences. This article explains what constitutes simple assault, how it's classified, and what penalties defendants may face.

Definition of Simple Assault (G.S. 14-33(a))

Under North Carolina law, simple assault is an unlawful attempt or offer to injure another person without using a deadly weapon. It is generally prosecuted under G.S. 14-33(a) and classified as a Class 2 misdemeanor.

The key elements of simple assault include:

An unlawful attempt or offer to injure another person
The ability to carry out the threat
The victim's reasonable fear of immediate physical harm
No use of a deadly weapon

Penalties and Sentencing Ranges

A conviction for simple assault can result in up to 60 days in jail and a fine at the court's discretion. The actual sentence depends on the defendant's prior record level:

No prior convictions: Usually community or intermediate punishment.
1 prior conviction: Up to 45 days possible.
2+ priors: Up to 60 days active sentence.

Aggravating factors such as injury to a minor or assault on a female can increase the charge to Class 1 or Class A1 misdemeanor.

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)	1-45 days	Intermediate punishment
Level III (5+ priors)	1-60 days	Active punishment

Aggravating and Mitigating Factors

Aggravating factors may include the use of a weapon, injury to the victim, or prior violent offenses. Mitigating factors can include voluntary surrender, no prior record, or cooperation with law enforcement. The judge must weigh these factors before determining the final sentence.

Common Aggravating Factors

Assault on a female
Minor injured
Weapon involved
Victim is a government official

Common Mitigating Factors

No prior record
Voluntary surrender
Cooperation with law enforcement

Can Simple Assault Be Dropped or Reduced?

Yes. Prosecutors sometimes agree to reduce or dismiss charges based on evidence strength, witness cooperation, or participation in deferred prosecution programs. However, the outcome depends on the county, the prosecutor, and the specifics of the incident.

Factors that may lead to charge reduction or dismissal include:

Weak evidence
Victim cooperation issues
Defendant's clean record
Participation in anger management programs
Restorative justice programs

Some common upgraded assault offenses in North Carolina include:

Assault on a Female — G.S. 14-33(c)(2)
Assault by Strangulation — G.S. 14-32.4(b)
Assault with a Deadly Weapon — G.S. 14-32

Each has distinct penalties and felony classifications.

When Simple Assault Becomes Something More Serious

If a weapon is involved, the charge may be upgraded to:

Assault with a Deadly Weapon (Class A1 misdemeanor or felony)
Assault by Strangulation (Class H felony)

If the victim is a female, it may become:

Assault on a Female (Class A1 misdemeanor)

Legal Resources and Next Steps

If you're facing simple assault charges in North Carolina, consider these steps:

Consult an attorney immediately - Early legal representation can significantly impact your case outcome
Understand your rights - You have the right to remain silent and to legal counsel
Gather evidence - Collect any relevant documentation, witness information, or evidence that supports your case
Consider your options - Discuss plea bargains, diversion programs, or trial strategies with your attorney

Conclusion

Even though simple assault is a misdemeanor, a conviction can still appear on your criminal record and affect employment, housing, or professional licensing. Always consult a qualified defense attorney for legal advice specific to your case.

Frequently Asked Questions

Is simple assault in North Carolina a felony?

No. Simple assault is a misdemeanor offense unless aggravating circumstances elevate it to a more serious charge such as assault on a female or assault with a deadly weapon.

What is the statute of limitations for simple assault in NC?

Two years for misdemeanors under North Carolina law (G.S. 15-1).

Can a simple assault charge 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.