Assault charges can be life-changing, and and bring about serious consequences for your record, even if the charges are misdemeanors, let alone felony assaults. If you are seeking legal representation, then you should retain a Raleigh assault lawyer. A legal advocate can provide you with defensive strategies and determine if the state violated your legal rights during any investigation or arrest related to the charges filed against you.
The criminal defense attorneys at the Granados Law Group are here to provide you with guidance and exceptional legal representation. Our attorneys have years of experience helping clients assert strong legal defenses to assault charges. We understand how to negotiate plea bargains with prosecutors and provide you with regular updates regarding the status of your case.
Assault is generally defined as simple assault, felony assault, or assault with a deadly weapon. Each of these criminal offenses is associated with particular elements that the state must prove beyond a reasonable doubt to obtain a conviction. Simple assault is categorized as a misdemeanor under North Carolina law. This criminal offense involves assault without the use of a weapon and without causing physical injury to another person. North Carolina also recognizes an “assault by show of violence,” which means that even if someone looks like they are going to commit an assault, and if a reasonable person would fear harm from it, and it causes the victim to do something they wouldn’t have done ordinarily, like take a different route home, a person could potentially be found guilty of misdemeanor assault.
Felony assault is related to physical injuries suffered by the victim or the defendant attempting to harm the victim. Sometimes, felony assault is charged when a criminal defendant is a habitual offender under North Carolina law, and that can greatly increase the seriousness of the offense and subject someone to greater punishment. Assaults committed while using weapons vary, from Misdemeanor Assault with a Deadly Weapon (Class A1 Misdmeanor, usually charged when there is no lasting injury to the victim) to Felony Assault with a Deadly Weapon, which has several levels of culpability: Inflicting Serious Bodily Injury (Class F), with Intent to Kill (Class E), or Intent to Kill Inflicting Serious Injury (Class C). A person is chargedbased on the circumstances and injuries suffered by the victim.
The most common defenses against assault charges in North Carolina tend to focus on the intent of the individual committing the alleged assault. The following are the most common defenses related to assault charges in North Carolina:
The defendant may assert that the assault was an accident, and this indicates that the defendant lacked the intent necessary for the state to prove an assault charge. If a victim consented to the physical act, then the defendant may not be charged with assault. Self-defense is one of the most common defenses to assault cases in North Carolina.
If the victim initiated a physical altercation, then the alleged perpetrator of assault may prove that he or she was acting in self-defense. Prosecutors are trained to look for the initial aggressor and the primary aggressor, and those may not be the same person. In other words, it is possible one person started the fight, but another person ended it. We have to assess the actions of each person involved in the assault, and weigh it with the evidence and statements of other parties to determine a person’s culpability. Individuals in North Carolina are permitted to defend themselves if they face a threat of harm to themselves or others. Another common defense against an assault charge is acting in defense of others.
Assault charges can lead to serious consequences if you are convicted, including mandatory jail time and fines, and under North Carolina statutes, if you are convicted of any form of assault, which is deemed a “crime of violence,” then you will not be eligible for an expungement of this or any other criminal conviction on your record If you are seeking legal representation related to an assault charge, then you should hire an assault lawyer in Raleigh today. Our team has the experience, skill, and knowledge you need to focus your defense on the most important elements of your case. We are here to provide you with legal advocacy, support, and protection for your freedom.
Our attorneys have years of experience representing criminal defendants in assault cases. Lindsey D. Granados graduated from Stetson University College of Law in Gulfport, Florida. She handles cases involving misdemeanors, felonies, and federal crimes.
Tomas Nazer-Paniagua earned his law degree from Campbell University Norman A. Wiggins School of Law. He was a clerk at the North Carolina Court of Appeals, and he now focuses his practice on criminal defense and post-conviction appellate work.
Aggravated assault charges dropped 8.1 percent between December 2024 and November 2025. In 2024, approximately 4,126,640 individuals were victims of simple assault in the United States.
Assault charges can be dropped or dismissed under North Carolina law, but this power lies only with the prosecuting attorney who represents the state. Victims may request dismissal or refuse to testify, but the state controls the prosecution and may proceed based on whether the state chooses to negotiate a plea deal with the defendant.
A prosecutor may file a voluntary dismissal to drop the charges filed against the defendant. If both parties involved in an assault were charge, this is called a “cross-warrant” situation, and if both parties agree, we are often able to convince prosecutors to dismiss the charges against both people. If only one party agrees, the State may have to pick a person to prosecute, and then will rely upon the testimony of the more aggrieved party and any other witnesses in order to try that case.
Under North Carolina law, common assault is related to three elements: the intent to commit assault, an overt act attempting to cause harmful or offensive contact, and a reasonable apprehension of immediate harmful or offensive contact in the victim. The defendant must act with intent, and this is one of the most critical elements related to defending assault charges in North Carolina.
The costs related to an assault charge will depend on the unique facts of the case, any prior convictions on the defendant’s criminal record, and the years of experience of the criminal defense attorney who represents the defendant. If you want to know the potential costs of legal representation related to an assault charge in North Carolina, you should schedule an initial consultation with a lawyer and discuss a quote for services.
At Granados Law Group, we handle every criminal case on a “flat” fee to eliminate any surprise regarding legal services costs. We do charge a consult fee for high-level assault cases because those are more complicated and require time to understand the circumstances surrounding the charges. In those instances, you will pay a consult fee of $350, and will be scheduled for a 1-hour phone or in-office visit with the attorney. At the conclusion of the consult, you will have a quote for legal services
The lowest assault charge under North Carolina law is Simple Assault, which is also known as simple assault and battery. This offense is classified as a Class 2 misdemeanor. The charge relates to minor physical contact or the threat of harm, and this criminal offense may be punished by up to sixty days in jail and monetary fines, but jail time is extremely unusual in a Simple Assault case. The Assistant District Attorney will take into account the prior criminal history of the defendant and the facts of the case when negotiating terms of a sentence.
A Raleigh assault lawyer can provide you with the resources you need to protect your liberty and assert a strong defense in your case. An attorney can advocate for you, assert legal defenses, and analyze the evidence the state uses to prove its case against you.
If you are seeking an assault attorney in Raleigh, then contact us today to schedule a consultation during which we can discuss the facts of your case. We can examine evidence, review police bodycam footage, and help you determine the next steps you should take in your case. We are here to help you stand up for your rights and seek justice.
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