Battery is a serious criminal charge that can result in significant penalties. In North Carolina, battery charges can be considered misdemeanors or felonies. Your charge will depend on whether you’re a first time offender, whether the battery was aggravated, and if a deadly weapon was involved.
If you’ve been accused of assault and battery, reliable legal representation should be sought out as soon as possible. The attorneys at Dysart Willis have experience handling assault and battery charges of all types.
What is Battery?
Assault and battery are often used interchangeably, but these terms are not synonymous. Assault is defined as the attempt to physically harm a victim (commit assault and battery) or a show of force indicating that physical harm is imminent. Battery occurs when the defendant comes into contact with the victim, without that person’s consent, with the intent to cause bodily injury.
Types of Battery
According to the North Carolina General Statutes, there are several different types of battery in North Carolina:
- Simple battery includes any unwanted physical contact. Often, the use of force is involved. No significant injuries have to occur in the victim for someone to be charged with simple battery.
- Aggravated battery is a type of battery that involves the use of a deadly weapon to harm another person. Battery can also be considered aggravated if the act is against a vulnerable individual, such as a child, disabled person, or elderly individual.
- Sexual assault and battery involve using force to make unwanted sexual contact with a victim. A deadly weapon may be used, and this is often an issue in domestic violence cases.
Penalties for Battery
Although North Carolina law defines assault differently from assault and battery, they are charged the same way. Assault and battery is usually a Class 2 misdemeanor. However, several aggravating factors can cause the charge to be raised to a higher level. For example, if the act of assault and battery caused severe injury to the alleged victim or if an object used is considered deadly by the courts, the charge can be raised.
Depending on how the assault and battery are classified, the penalties for assault and battery in North Carolina are as follows:
- Class 2 Misdemeanor: A first-time offense could require up to 30 days in jail or a probationary sentence. Repeat offenses could result in a maximum of 60 days in jail. Convictions may also carry a fine of up to $1,000.
- Class 1 Misdemeanor: A first-time offense r could require up to 45 days in jail or a probation sentence. Repeat offenses can result in a maximum of 120 days in prison. The court may issue a fine of the amount of its choosing.
- Class A1 Misdemeanor: A first-time offense could result in one to 60 days in jail and can involve probation or supervised probation. The court may also issue a fine, and subsequent offenses carry a sentence of up to 150 days in prison.
Contact Us Today
At Dysart Willis, our layers are dedicated to helping people in the Raleigh area as they move through the criminal justice system. Having the best criminal defense attorney on your side is of the utmost importance when it comes to your battery case. Call us at 919-747-8380 or contact us online to schedule an initial consultation.