Domestic Battery

In Marvin, North Carolina, the law that governs battery can be difficult to comprehend. This is particularly true when the battery is accompanied by other legal issues that typically arise in domestic situations. When a person and his or her significant other get into a dispute, sometimes the argument escalates to the point where the disagreement becomes physical. This is commonly referred to in the law as domestic battery. When this happens, the aggressor makes an already difficult situation worse. In the long run, unfortunately, criminal charges likely result and nothing good can come out of the decision to commit a battery.

North Carolina law considers battery a Class 2 misdemeanor, making it punishable by up to 60 days in jail. State law defines battery as the unlawful striking or application of force onto another. Often times battery involves several situations where the common public believe an “assault” has occurred. Notably, the difference between simple assault and battery is that the former requires fear while the latter only requires contact. In short, even if there is a couple arguing and one does not know the other is about to hit him or her, as long as that action is taken, an assault and battery has happened.

Under any North Carolina statute that requires actual physical contact between the accused and the victim, in actuality what is really needed to meet the elements of the charge is that a battery occurred; this is true even if word assault is included in the criminal charge. In other words, if no physical contact occurs then technically the law has not been violated. Examples of North Carolina crimes that are assaults but require a battery include:

• Assault Inflicting Serious Injury, a Class A1 misdemeanor;
• Assault by Strangulation, a Class H Felony;
• Assault Inflicting Serious Bodily Injury, a Class F Felony;
• Assault with a Deadly Weapon Inflicting Serious Injury, a Class E Felony; and
• Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury, a Class C Felony.

That being said, there are also assaults in North Carolina that do not require a battery. Put simply, even if no actual contact occurs between the aggressor and the victim, a crime may still have been committed. These include:

• Assault by Pointing a Gun, a Class A1 misdemeanor;
• Assault on a Female, a Class A1 misdemeanor; and
• Assault on a Child under 12, a Class A1 misdemeanor.
• Assault with a Deadly Weapon, a Class A1 misdemeanor; and
• Assault with a Deadly Weapon with Intent to Kill, a Class E Felony.

There is another category of crimes in North Carolina that require both an assault and a battery. One example is a secret assault, which is a Class C felony.

Of note, when the victim of an assault and battery in North Carolina falls under one of the categories listed below, the charge can be raised to a Class A1 misdemeanor. These categories include:

• Children under the age of 12;
• A female, if the defendant is a male and over the age of 18;
• State officers and employees while on duty;
• Public transportation officers while on duty;
• Security officers while on duty;
• School employees and volunteers during school events, driving school transportation, or while on school property.

Generally speaking, the following penalties are applicable for those charged and convicted with committing a battery in Marvin, North Carolina:

• Class 2 misdemeanors: First-time offenders can face up to 30 days in jail as well as a probation sentence. Repeat offenders can face a maximum of up to 60 days in jail. Moreover, each conviction can include a monetary fine of up to $1,000.00.
• Class 1 misdemeanors: First-time offenders can face up to 45 days in jail as well as a probation sentence. Repeat offenders can face a maximum of up to 120 days in jail. Moreover, each conviction can include a monetary fine and the amount is at the discretion of the court.
• Class A1 misdemeanors: First-time offenders can face up to 60 days in jail as well as a probation or supervised probation sentence. Repeat offenders can face a maximum of up to 150 days in jail. Moreover, each conviction can include a monetary fine and the amount is at the discretion of the court.

Those charged with and convicted of domestic violence battery charges can face additional penalties. First time offenders often are ordered to be under mandatory supervised probation. Repeat offenders can face a minimum jail sentence of 30 days, among other penalties.

The skilled criminal defense lawyers at Arnold & Smith, PLLC have vast experience in these types of issues as well as other criminals matters. Call us today for a consultation.