Defenses to Assault on a Female Charges in North Carolina
Assault on a female is a serious misdemeanor offense in North Carolina. This crime carries harsher penalties than simple assault and battery. It's important you take these charges seriously and contact an experienced criminal defense attorney as soon as possible who can help you fight the serious charges you face.Understanding Assault on a Female Charges
Defendants can be charged with assault on a female if they commit an assault, assault, and battery, or affray against a female and were at least 18 years or older when the crime was allegedly committed.Five of the Best Defenses to Assault on a Female Criminal Charges
Even if you believe you have committed the crime of assault on a female, it is still important to speak to an attorney. An attorney can help you protect your rights as you move through the criminal justice process.
You may have strong legal defenses you can use to try to get the criminal case against you dismissed or charges reduced to a lesser offense. You would benefit from the help of an experienced criminal defense attorney to identify the defenses that would apply to your situation. We will discuss some of the most effective criminal defenses to assault on a female charge below.No Unlawful Touching Occurs
Depending on the facts and your case, you may be able to successfully argue that no crime was committed because you never touched the alleged victim or threatened to do so. Prosecutors must prove you physically touched a female or threatened to do so in order to convict you. When they can not prove one or more elements of the crime, the defendant cannot be convicted.False Accusations
Unfortunately, innocent victims can be accused of assault. Suppose you are romantically involved with the alleged victim or you had a previous romantic relationship. She could accuse you of assaulting her as a way to seek revenge. If you are getting divorced, it is uncommon for the other spouse to make false accusations as a way to gain an advantage in the divorce and custody issues you are facing.
If you have been falsely accused, it is crucial that you speak to a criminal defense attorney. Without the help of a skilled attorney, it's still possible that you could be convicted even if you are innocent.Consent
Prosecutors must prove that the touch was not consented to by the alleged victim. If the alleged victim consented to the actions you took, the prosecution will not be able to convict you.Self-Defense
Self-defense is one of the most widely used defenses to assault charges. Suppose you were initially attacked by the alleged victim. in this case, you may be able to successfully raise self-defense to fight the charges against you.
If the alleged victim assaulted someone else and you stepped in to protect that person, you may be able to successfully argue that you engaged in defense of others. Successfully using this legal defense requires you to prove that your response was reasonable given the threat you faced or another person faced.Insufficient Evidence
Prosecutors must prove every single element of assault on a female beyond a reasonable doubt to secure a conviction. The prosecutor, not the defendant, has the burden of proving all of the elements by submitting evidence to the court.
When a prosecutor lacks enough evidence to meet this high burden of proof, your attorney can build your legal defense around the lack of evidence. Many assault charges are based on one witness’s statement of what happened, the alleged victim. There may not be any other evidence showing that the defendant touched the female victim without her consent.Schedule a Consultation With a Skilled Criminal Defense Attorney
If you have been charged with assault on a female or any other type of assault charge, it is crucial you reach out to an attorney as soon as possible. Not only could you face jail time, probation, and fines, but you will have a permanent criminal record if you are convicted. The sooner you reach out to an attorney, the more time your attorney will have to begin developing your case.
When you work with Arnold & Smith, PLLC, you can rest assured that we will carefully investigate your case and gather all of the evidence available for your legal defense. We will begin aggressively negotiating with the prosecution to pursue a dismissal of the charges against you or a reduction in the severity of the charges against you. Do not hesitate to contact Arnold & Smith, PLLC to schedule a complimentary case evaluation.