Assault is a crime of violence and often involves the use of hands or weapons to inflict physical harm on another person. It is a crime that can range from a misdemeanor to a felony. The penalties for an assault conviction vary from state to state, and may include jail time, prison time, probation, fines and other court costs. An assault conviction can also damage your reputation and have lasting negative effects on your life.

The Elements of Assault

There are a few elements that need to be present for someone to be found guilty of assault. The most important element is reasonable apprehension of imminent harmful or offensive contact. This is determined by looking at the context of the interaction and the behavior of both parties. For example, if a person pretends to hit or kick another person and causes them to fear they are going to be physically hurt, then this meets the definition of assault under NC criminal laws. Even pointing a weapon at another person, such as a gun or even a stick, would fit under this category if the victim is afraid they are about to be struck.

There are a number of different legal defenses that could help reduce or dismiss an assault charge. For instance, your attorney can try to create doubt in the prosecution’s evidence or witness testimony to demonstrate you are not guilty of assault. They can also argue you were acting under duress, were defending yourself or others or that there is no proof that you meant to hurt the other person.