Assault on a Female in North Carolina
If you have been charged with Assault on a Female (AOF), you need to know what you are up against.
Assault on Female are serious criminal charges that can result in significant consequences if you are convicted.
Even an arrest and accusations can cause problems to your reputation in the community.
In this webpage, we will explain the elements of Assault on a Female, the possible defenses, and the punishments you could face if convicted.
Whether you live on the Outer Banks or were just visiting, we'd like to help get you through this challenging time.What is Assault of a Female in North Carolina?
The crime of Assault on a Female in North Carolina is defined as an assault committed by a man against a woman.
There are several elements that must be proven for the prosecutor to win a conviction:
- That a man who is 18 years old or older assaulted the victim
- That the alleged victim was female
- That the assault occurred knowingly and willfully
- That the criminal act(s) took place in Pasquotank County, North Carolina
We recommend you consult with an experienced criminal defense lawyer if you've been accused of domestic violence, assault on a female charges, or violating a Domestic Violence Protection Order (DVPO).Is Assault on a Female a Felony in NC?
Assault on a Female is a Class A1 misdemeanor in North Carolina.
This means that it is punishable by up to 150 days in jail as described in the NC Sentencing Guidelines.
There are also possible consequences if you are convicted of this crime, such as:
- Loss of employment opportunities
- Loss of Conceal Carry Permit
- Difficulty finding housing
- Fines - The fine for the Class A1 misdemeanor is at the judge's discretion
- Counseling and Treatment - This can include drug or alcohol abuse treatment, anger management classes, or any other type of program the court determines is appropriate for your case.
- Restitution to the Victim
- Supervised Probation
- Probation Supervision Fees
- Community Service
Each case is different and unique. Consult with a criminal defense lawyer for specific answers to your individual inquiries.What is Domestic Violence?
Assault on a Female can be a type of domestic violence charge. It is when the assault takes place between people who are or were in an intimate or personal relationship with each other, such as:
- Married couples (past and present)
- Cohabitating partners (current and past)
- Parents of children born together
- People who have dated or are dating
- Familial relationships (brothers, sisters, aunts, uncles)
A person who has been assaulted by a spouse, domestic partner, or another individual with whom they have had a personal relationship may seek a Domestic Violence Protective Order (DVPO).
This is also known as a 50B DVPO.
The alleged victim can request this order from the District Court Judge to protect themselves and their children from further acts of domestic violence and immediate physical harm.What is Simple Assault in NC?
Simply put Simple Assault is an attack or an attempt to cause immediate physical harm to the victim.
It is a common law offense that is not specifically defined by a North Carolina General Statute.
Actual physical contact and/or bodily injury are not required. Attempted Assault is recognized as a crime in NC.
Simple Assault is a Class 2 Misdemeanor under NC criminal laws.
The punishment for the Class 2 Misdemeanor can range from probation to 60 days in jail, depending on the defendant's criminal history and whether they have been convicted of any other crimes.What is the Difference Between Simple Assault and Assault on a Female in North Carolina?
Simple assault is defined under North Carolina law as an unlawful act that does not involve the use of a deadly weapon and does not result in serious injury.
Assault on a female is essentially an assault with three additional necessary elements of the offense:
- The Defendant must be a male person
- The Defendant must be at last 18 years old or older
- The Defendant assaulted a female person
Obviously, as stated, the punishment for a Class A1 misdemeanor offense is substantially more serious than simple assault.
North Carolina recognizes certain common law defenses such as self defense, defense of others, and accident may be available in certain circumstances.
Female assault against another female person is not Assault on a Female in North Carolina. Therefore it would not be deemed a Class A1 misdemeanor and punished with other Class 2 misdemeanor assaults.Are There Other Types of Assault in North Carolina That are Also A1 Misdemeanors?
There are several types of assault in North Carolina that are also classified as A1 misdemeanors.
These include things like:
- Assault that inflicts serious injury on the alleged victim
- Assault using a Deadly Weapon
- Assault on a Child Under the Age of 12
- Assault on a School Employee (in the course of employment)
- Assault on a Government Official (acting in the course and scope of official duties)
- Violation of Domestic Violence Protective Order
There are several possible defenses to the criminal charge of Assault on a Female charge in Elizabeth City.
Some of these include:
- The assault was accidental or unintended
- The accused male, the Defendant, acted in self-defense or defense of someone else
- The alleged victim is not a female
- The Defendant is not male person
- The Defendant is not 18 years old or older
Yes, assault charges in North Carolina can often be dropped or reduced through plea bargaining.
It is important to have an experienced criminal defense attorney who can negotiate on your behalf and try to get the best possible outcome for your case.
Law enforcement, including the Pasquotank Sheriff's Department and the Elizabeth City Police Department, thoroughly investigate such matters.Can Assault on a Female Lead to Another Criminal Charge?
Yes, an Assault on a Female can lead to other charges being filed in addition to the assault charge.
These could include additional allegations or "counts" such as:
- Communicating Threats
- Violation of Domestic Violence Protective Order
Stalking is a crime that involves conduct directed towards a specific person(s) and the intent of placing them in reasonable fear for their safety.
Stalking behaviors can include following, pursuing or harassing another person.What is Communicating Threats?
Communicating Threats is a crime that involves making threats to physically harm another person.
The threat must be made with the intention of placing the other person in fear of imminent serious bodily injury and has to be communicated through some type of electronic device (phone, email, social media).What is Felony Assault by Strangulation in NC?
Felony Assault by Strangulation is a very serious charge in North Carolina.
It is defined as an assault where the defendant "intentionally impedes normal breathing or circulation of blood of another person" by applying pressure to their throat or neck.Do I Need a Lawyer for Assault Charges?
A lawyer is not required; but, we think having a lawyer by your side in court is a really good idea.
If you are charged with assault, it is important to speak with an experienced criminal defense attorney right away and establish a formal attorney client relationship.
You can call our office at (252) 299-5300 or contact us online for a free consultation about your case and how we may be able to help.
Confidential or sensitive information is protected under the attorney client relationship, even if criminal charges are never brought by law enforcement.What Does Burden of Proof Mean?
The Burden of Proof is the responsibility of the State, not the Defendant. The State's interests in prosecution are represented by the Assistant District Attorney assigned to the matter.
The standard of proof is Proof Beyond a Reasonable Doubt.When Should I Call a Lawyer if I've Been Accused of Assault on a Female?
If you have been accused of Assault on a Female, it is our firm belief the best thing to do is speak with an experienced criminal defense attorney immediately.
That's especially true if the allegations are still in the investigatory stage.
If police ask you to "come into the office and clear some things up" or "answer some questions," politely decline and then call a lawyer experienced handling Assault on a Female charges.