In North Carolina, assault and battery charges can lead to reduced jail sentences or lengthy prison sentences based on intent and the severity of the victim’s injuries. However, certain factors apply to these cases as there isn’t a cut and dry model for these offenses. The following are FAQs about assault and battery cases.
Why Did the Assault Occur?
The reason in which the assault occurred has some bearing on the case. For example, if an assault happened due to self-defense, the accused isn’t guilty of a crime. They were simply defending themselves due to the belief that they were at a serious risk. On the other hand, if the accused blatantly attacked the victim without cause, they face criminal penalties for an unjust action.
What were the Intentions of the Accused?
The intentions of the accused also play a role in their charges. Even if the individual felt that they had a just cause for attacking another person, the laws in North Carolina are clear. If another party assaults the victim even if the victim assaulted someone close to them, it is still considered a crime.
Was a Restraining Order Violated?
Protection orders are in place when domestic violence is reported. These orders define actions that the accused cannot perform. This may include visiting the victim at their home or work. It could also apply to the victim’s children as well. If the order is violated, the accused will face charges for the offense as well as this violation of a court order.
Was the Accused Stalking or Harassing the Victim?
Stalking and harassment laws are also clear. Any unwanted contact is considered a crime. Verbal or electronic harassment is considered harassing communications. If a victim can prove that an individual is stalking them, the victim can press charges for these offenses even if a physical assault doesn’t occur.
In North Carolina, assault and battery cases can lead to serious penalties. The penalties are based on whether or not more than one crime was committed. They are also based on the intent of the accused and how profound the victim’s injuries are. Individuals facing these charges contact Powers McCartan PLLC for legal assistance today.