Simple Assault – Raleigh Simple Assault Lawyer in Wake County, North Carolina
A person charged with Simple Assault is guilty of this offense when they carry out a threat of bodily harm either by unlawfully touching someone or this person performs a show of violence. Simple assault is the least serious form of assault as opposed to aggravated assault. Simple assault involves minor injury. Any person who commits a simple assault is guilty of a Class 2 misdemeanor in North Carolina.
The Law for Simple Assault
Simple Assault in North Carolina is governed by North Carolina General Statute § 14-33:
(a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 Misdemeanor.
(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:
(9) Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A “sports official” is a person at sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A “sports event” includes any interscholastic or intramural athletic activity in a primary, middle, junior high, high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State.
(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray he or she:
(1) Inflicts serious injury upon another person or uses a deadly weapon;
(2) Assault a female, he being a male person at least 18 years of age;
(3) Assaults a child under the age of 12 years;
(4) Assault an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties;
(6) Assaults a school employee or school volunteer when the employee or volunteer is discharging or attempting to discharge his or her duties as an employee or volunteer, or assaults a school employee or school volunteer as a result of the discharge or attempt to discharge that individual’s duties as a school employee or school volunteer……
(d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. A person convicted under this subsection, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court…..
The statute to its entirety can be found here.
Elements of Simple Assault
A person guilty of this offense
(1) Commits an assault
(2) On another
Contact a Simple Assault Criminal Defense Attorney Today
If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you contact a criminal defense lawyer who will defend you against your Simple Assault charge. Contact Wiley Nickel for a free consultation at (919) 585-1486.