Assault and battery laws in NC are complicated. Most people know that punching, slapping, pushing, or hitting another person can lead to an assault and battery charge. However, fewer people may realize that throwing something or spitting on another person can also lead to assault charges. Let’s get into understanding the laws behind assault and battery in NC.
Assault and battery are terms mentioned together or used as synonyms, but North Carolina law distinguishes them as two different crimes involving violence, and the crimes are classified as misdemeanors or felonies depending on the circumstances.
Assault vs Battery in NC
The difference between assault and battery in NC is physical contact in the course of the crime. An individual commits an assault if they threaten another with unwanted physical contact, while an individual commits battery if they actually touch or make unwanted contact.
You may also hear the phrase “imminent harm” or “threat of imminent harm,” which describes threatening to harm another person. Assault includes a threat of imminent harm, while battery is the act of actually committing harm.
Sexual assault may also come to mind when considering assault and battery, but a different section of NC law details sexual assault crimes from other assault and battery charges.
Chapter 14, Article 8 of NC’s General Statutes deals in assault-related crimes while Chapter 14, Article 7B of NC’s General Statutes codifies sexual assault charges.
What is simple assault?
Simple assault and battery is a Class 2 misdemeanor in North Carolina. Depending on aggravating factors, the charges may escalate to a felony. The penalties for a felony are much more severe and will have even more of a lasting impact.
For more information, see N.C. Gen. Stat. § 14‑33.
What is aggravated assault in NC?
North Carolina’s punishments for assault and battery charges depend on factors related to the crime, sometimes called aggravating factors. Aggravating factors are facts of the crime that worsen the severity of the charges, which will change the severity of the sentence.
- Aggravating factors include:
- The crime was especially heinous or cruel.
- A deadly weapon was used in the course of the crime.
- The victim was a child, elderly person, or a woman.
- The defendant has prior convictions, hired someone, or was hired to commit the offense.
- The crime involves gang activity.
To read the full list of aggravating factors, see N.C. Gen. Stat. § 15A‑1340.16.
Special Sections of Assault and Battery in NC
North Carolina General Statutes contain additional sections for assault and battery using specific means or against specific persons. These sections sort and define these assaults into certain classes of felonies.
Assault and battery using a corrosive acid or alkali is a Class E felony, outlined in N.C. Gen. Stat. § 14‑30.1.
Assault and battery by strangulation is a Class H felony, outlined in N.C. Gen. Stat. § 14‑32.4.
N.C. Gen. Stat. § 14‑32.2 outlines felony patient abuse and neglect.
N.C. Gen. Stat. § 14‑32.3 outlines felony domestic abuse and neglect of disabled and elderly adults.
Domestic Abuse in NC
A subcategory of assault and battery in NC is domestic abuse and domestic violence. These crimes can entail a form of assault, but it is not required.
Crimes of domestic abuse in North Carolina are serious charges and can arise from a variety of situations. NC specifies abusive behavior towards certain individuals with special relationships as domestic abuse. Perpetrators of domestic abuse can be tried for domestic violence (DV). If you use or attempt to use force or cause harm to the following, you may face DV charges. These individuals may have current or former relationships with you:
- Spouses
- Parent or guardians
- Romantic partners
- People who share a parent relationship with your child
See our page on domestic violence to read more about these charges as domestic abuse is a complicated crime.
Defenses to assault and battery in North Carolina
There are several possible defenses to an assault and battery charge in NC.
Self-Defense or Defense of Others
There are defenses to assault and battery in NC. The most common defense for assault and battery cases is self-defense. Having a reasonable fear of imminent death or serious bodily harm is one situation where a person is permitted to use force in order to protect themselves. You are also allowed to use force in order to protect someone who is being attacked, which is called acting in defense of others. Additionally, you may also use reasonable force when protecting your home or personal property.
Examples of Self-Defense in NC
Someone moves to grab your purse or wallet, so you push them to the ground or kick out their legs. This is a reasonable use of force to prevent the person from stealing your personal property, even though pushing and kicking someone would classify as an assault. In this case, the reaction is a reasonable response to prevent someone from stealing your wallet.
Someone pushes you out of line in the grocery store. You take out a gun and shoot them in the leg. This is NOT a reasonable use of force. Shooting someone is an extreme reaction to being pushed and is not self-defense. In fact, this would be the use of deadly force, which is usually not permissible save for a few exceptions.
Use of Deadly Force in NC
In some cases, a person may need to use deadly force in order to protect themselves. These are specific cases in which a person has an imminent fear of death or great bodily harm to themselves or another.
Example of a Reasonable Use of Deadly Force
Someone breaks into your home with a gun and threatens to shoot. You take out a gun and shoot them instead. Compared to the previous scenario, this is a reasonable use of force, specifically reasonable use of deadly force. You have a reasonable fear of imminent harm (death) when threatened with a gun, and you may use deadly force to protect yourself.
When can I not claim self-defense for assault and battery in NC?
While you can use force to protect yourself, this does not apply if you are in the commission of a felony, escaping from custody, or if you initially provoke the use of force against yourself.
For example, if you are trying to evade police after committing a crime, and you kick or punch police officers, North Carolina law does not consider this self-defense.
See N.C. Gen. Stat. § 14‑51.4.
Consent to Assault
Consent: If the victim consented to fight or otherwise consented to physical contact, you can raise this as a defense to assault and battery.
For example, in physical contact sports, the players understand that bodily harm is an essential element of the sport.
Misidentification, Charged with Assault and Battery
Misidentification: It is possible that law enforcement misidentify you as a perpetrator of assault and battery. In this case, you will need to provide an alibi that eliminates you as a possible suspect.