Under North Carolina law, there are three types of assault and battery crimes that are charged as Class 2 misdemeanors:
- Simple assault: attempt to commit assault and battery or a threat that battery (or physical harm) is probable
- Assault and battery: threatening and then executing harm
- Affray: a physical altercation between two or more people in public that frightens others
The law considers an injury “minor” if it does not require the attention of a physician.
As Class 2 misdemeanors, penalties for these assault and battery offenses are prescribed under North Carolina’s sentencing structure and include:
- If you have a clean record, it may be possible to receive a suspended sentence of one to 30 days in jail
- If you have prior convictions, you may receive up to 60 days in jail
- Possible fine of up to $1,000
Fighting the Charge
If you are facing any assault charge, even one that is considered “minor,” it is in your best interest to work with an experienced defense attorney right away. Having a solid defense could help you avoid jail time, expensive fines and a misdemeanor conviction on your record.