What Are the Different Types of Assault Charges in North Carolina?

One Bad Moment: How an Argument Can Lead to a Serious Assault Charge

It can happen in the blink of an eye. A disagreement at a bar in Greensboro. A heated argument that spills out into a parking lot in High Point. A misunderstanding with a neighbor in your quiet Kernersville community. One bad moment, a flash of anger, and suddenly you see the blue lights. You’re in handcuffs, being charged with assault.

Your mind is racing. It was just a misunderstanding. He pushed me first! I didn’t even touch her! You feel like your life is spiraling out of control.

If this has happened to you, the first thing you need to know is that you are not alone. Assault charges are among the most common criminal charges filed in North Carolina. The second thing you need to know is that an arrest is not a conviction. You have rights, and you have a story to tell.

For many years, the team at the Huggins Law Firm has been defending hardworking people from across the Piedmont Triad—from Burlington to Asheboro, Graham to Winston-Salem—who have found themselves in this exact situation. We understand that there are two sides to every story, and our job is to make sure your side is heard. This guide is here to help you understand the serious charges you are facing and what we can do to fight them.

“Assault” Is Not Just One Crime: Understanding the Different Charges in NC

The word “assault” is a broad term. In North Carolina, there are many different types of assault charges, ranging from a low-level misdemeanor to a serious felony that can land you in prison for years. The specific charge you face depends on a few key factors: who was involved, whether a weapon was used, and the severity of the injury.

Here is a breakdown of the most common assault charges we see in our practice.

Simple Assault & Affray (The Common Misdemeanors)

This is the most basic and common type of assault charge. Under N.C. General Statute § 14-33, a simple assault can be:

• An actual attempt to cause physical harm to another person.
• A show of force or threat that puts another person in reasonable fear of being harmed.

Notice that you don’t even have to touch someone to be charged with assault! If you make a threat that a reasonable person would believe, that can be enough.

An Affray is a related charge. It’s basically a charge for fighting in a public place. If two people are in a mutual fight, the police will often just charge both of them with an affray. Simple assault and affray are typically Class 2 misdemeanors, but can be elevated to a more serious Class A1 misdemeanor in certain situations.

Assault with a Deadly Weapon (The Common Felony)

This is a major step up in severity. If the prosecutor alleges that you used a “deadly weapon” during the assault, the charge is automatically a felony.

• What is a “deadly weapon?” It’s not just a gun or a knife. The law in North Carolina defines it very broadly. It can be any object that is likely to cause death or serious bodily injury. We’ve seen people charged with this for using a beer bottle, a baseball bat, a steel-toed boot, or even a car.
• The Penalties: Assault with a Deadly Weapon is a Class E felony. If the assault results in a serious injury, it can be elevated to a Class C felony, which carries a mandatory prison sentence.

Assault on a Female (A Uniquely Tricky Charge)

North Carolina is one of the few states that still has this specific crime on the books. Under N.C.G.S. § 14-33(c)(2), if a male who is 18 years or older assaults a female, the charge is automatically a Class A1 misdemeanor, the most serious class of misdemeanor.

• The Catch: It only works one way. There is no corresponding “Assault on a Male” charge.
• The Consequences: A Class A1 misdemeanor is serious. It can carry up to 150 days in jail and can have a major impact on your life, especially in child custody cases. It is often charged in domestic situations. You can learn more about how these charges can affect your family on our Family Law page.

Assault by Strangulation (A High-Stakes Felony)

This is a relatively new and very serious charge in North Carolina. In the past, choking or strangling someone was often charged as a simple assault. But the law now recognizes how incredibly dangerous this act is.

• The Law: Under N.C.G.S. § 14-32.4(b), assaulting another person by strangulation is a Class H felony.
• Why it’s so serious: Strangulation is often a key indicator of domestic violence and is seen as a predictor of future homicide. Prosecutors and judges in Greensboro, Winston-Salem, and across the state take this charge extremely seriously. A conviction will almost certainly result in jail or prison time.

More Than “He Said, She Said”: How We Build a Strong Assault Defense

When you’re charged with assault, it can feel like your word against theirs. But a strong defense is about much more than that. It’s about a deep investigation into the facts and a powerful presentation of your side of the story.

• A “Less Talked About” Stat: The NC State Bureau of Investigation (SBI) publishes annual crime data for the state. A little-known fact from these reports is the “clearance rate” for aggravated assault. This is the percentage of reported cases that result in an arrest. That rate is often surprisingly high. This shows that when an assault is reported, the police are highly motivated to make an arrest, often based on very little evidence beyond one person’s statement. They make the arrest and leave it to the courts to sort out. Our job is to do the sorting.

Here are some of the most powerful defenses we use:

1. Self-Defense. This is the most common defense. You have the right to use a reasonable amount of force to protect yourself from harm. If someone was coming at you, you have the right to defend yourself. In North Carolina, the law of self-defense is complex, but we have a deep understanding of how to use it to protect our clients.

2. Defense of Others. You also have the right to use reasonable force to protect another person—your spouse, your child, a friend—from being assaulted.

3. Lack of Intent. The state has to prove you intended to assault the other person. What if the contact was an accident? What if you were in a crowded place and bumped into someone who overreacted? We can argue that you had no criminal intent.

4. Challenging the “Deadly Weapon.” In a felony assault case, the state has to prove the object you used was a “deadly weapon.” Is a small pocketknife a deadly weapon? Is a shoe? The answer depends on the specific facts. We can often argue that the object does not meet the legal definition, which can lead to the felony charge being reduced to a misdemeanor.

5. Misidentification or False Accusation. Were you correctly identified as the person involved? Is the accuser making up the story out of jealousy or for revenge, especially in a messy divorce or custody battle? We conduct a thorough investigation to uncover the accuser’s motives and find inconsistencies in their story.

The Hidden Consequences: Why Even a Misdemeanor Assault is a Big Deal

A lot of people think that if they are just charged with a misdemeanor, they can just pay a fine and move on. This is a huge mistake. A conviction for any assault charge, even a simple misdemeanor, can have consequences that last a lifetime.

• A Permanent Criminal Record: This can make it incredibly difficult to pass a background check for a job, a professional license, or even an apartment.
• Loss of Gun Rights: A conviction for any assault involving domestic violence, even a misdemeanor, will result in a permanent federal ban on owning or possessing a firearm.
• Child Custody Issues: A judge in a family court case will absolutely take an assault conviction into account when determining child custody. It can be used as evidence that you have a violent character.
• Social Stigma: Being labeled as a “violent” person can damage your reputation in the community and with your family and friends.

Our goal is not just to keep you out of jail. Our goal is to protect your record and your future.

Why an Experienced North Carolina Assault Lawyer is Your Strongest Advocate

When you are facing an assault charge, the prosecutor has the power of the state behind them. You need an advocate in your corner who is just as strong and just as prepared.

Our team at the Huggins Law Firm has decades of experience defending people against these charges in the courtrooms of the Piedmont Triad. We are not just your lawyers; we are your strategic advisors and your courtroom champions.

• We are calm in the storm. We understand the stress and fear you are feeling. We provide clear, honest advice to guide you through the chaotic criminal justice process.
• We are your investigators. We don’t just rely on the police report. We conduct our own investigation, interviewing witnesses, gathering evidence, and finding the holes in the prosecutor’s story.
• We are your courtroom voice. We are experienced trial lawyers who are not afraid to take a case to a jury. We know how to tell your story, how to cross-examine witnesses, and how to fight for a “not guilty” verdict.

Our deep experience in criminal defense is your greatest asset in this fight.

Key Takeaways for Your North Carolina Assault Case

• “Assault” is a broad term. The specific charge you face can range from a low-level misdemeanor to a very serious felony.
• You don’t have to touch someone to be charged. A credible threat of harm can be enough for an assault charge in North Carolina.
• Charges like Assault on a Female and Strangulation carry severe and unique penalties.
• You have the right to defend yourself. Self-defense is a powerful legal argument, but the laws are complex.
• Even a misdemeanor conviction is permanent. An assault conviction can impact your job, your gun rights, and your family for the rest of your life. It is essential to fight the charge from the beginning.