An assault by a man against a female carries a higher penalty in North Carolina than an assault by a woman against a man or a man against a man. This discrimination in punishments based on gender has been found to be constitutional by the courts.
Assault on a Female
An assault on female charge in North Carolina is a Class A1 Misdemeanor that carries with it the potential for up to 150 days in jail, if convicted. In order to be found guilty of assault on a female charge, the State must prove: (1) the defendant intentionally assaulted the victim, (2) the victim is a female, (3) the defendant is a male, and (4) the defendant is 18 years or older at the time the offense occurred. This means that any one who is (1) under the age of 18 or (2) a female, CANNOT be convicted of assault on a female.
A simple assault charge in North Carolina is a Class 2 misdemeanor that carries with it the potential for up to 60 days in jail, if convicted. In order to be found guilty of simple assault, the State must prove that the defendant committed an assault on another person.
If you are charged with assault on a female or simple assault in Wake County, you need a knowledgeable criminal defense attorney on your side. It’s important that you have an attorney on your side to effectively represent you and who will work tirelessly to defend you against your charges or seek any possible advantages. Our defense lawyers are committed to fighting for the best possible case outcome and protecting your rights throughout the Wake County criminal defense process. You can reach us at 919-650-2851. Contact Granados Law Group for a free consultation today.