The Difference Between Misdemeanor and Felony Assault in North Carolina
Understanding Assault Under State Law
In North Carolina, "assault" is broadly defined to include both attempts and threats of physical harm, with or without actual contact. Assaults can range from minor scuffles to violent attacks, and the law categorizes them based on the severity of harm, intent, and circumstances. These classifications determine whether the charge is a misdemeanor or a felony.
Misdemeanor Assault Charges
Misdemeanor assault includes offenses like simple assault, assault on a female, or assault on a child under 12. These are typically Class 2 or Class A1 misdemeanors, carrying penalties from fines and probation to up to 150 days in jail. Though less severe than felonies, these charges can still affect your criminal record, employment, and reputation. At Koontz Law, we advocate for charge reductions, dismissals, or entry into diversion programs.
What Makes an Assault a Felony
Felony assault involves aggravating factors such as the use of a deadly weapon, intent to kill, or causing serious injury. Common felony charges include assault with a deadly weapon with intent to kill and assault by strangulation. These offenses are classified from Class E to H felonies and can result in substantial prison sentences, sometimes exceeding five years. Felonies carry long-term consequences, including loss of certain civil rights.
Comparing Misdemeanor and Felony Assault
The key differences between these two categories often hinge on intent, injury severity, and weapon involvement. A shove might be a misdemeanor, while using a knife or causing lasting harm could result in a felony charge. Repeat offenses and a defendant’s criminal history can also elevate charges. Understanding this distinction is crucial for anyone facing allegations.
Legal Representation Matters
No matter the classification, assault charges should never be taken lightly. Koontz Law, PLLC offers strategic defense solutions tailored to each client’s situation. From challenging evidence to negotiating favorable outcomes, our team is committed to defending your rights and protecting your future with compassion and diligence.
Call Koontz Law for Skilled Representation
If you’re facing an assault charge in North Carolina, early legal action is critical. Koontz Law, PLLC, led by Attorney Brandy E. Koontz, provides trusted and effective legal support throughout Davie County and the Piedmont Triad. Contact us today for a consultation and let us help you take the first step toward resolution and peace of mind.
