If You See Blue,
Call DONAHUE
Call DONAHUE
Outer Banks Assault Defense Lawyer for Dare & Currituck County
Charged With Assault in the Outer Banks?
Assault charges in Dare and Currituck County often come out of a bar or restaurant, a disagreement at a rental house, a family vacation that went wrong, or a dispute between partners. Even a charge that seems minor can bring a criminal record, a no-contact order, and, in some cases, the loss of your right to own a firearm.
Daniel P. Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles assault cases in both Dare and Currituck County courts.
Call or text 252-715-5785 to talk about your charge.
How North Carolina Classifies Assault Charges
Most misdemeanor assaults are defined in N.C.G.S. 14-33. The class of the charge depends on who was involved, whether anyone was injured, and whether a weapon was used. The same event can often be charged more than one way, so the charge on your paperwork is only a starting point.
| Charge | Classification |
|---|---|
| Simple assault, simple assault and battery, or simple affray (a fight in a public place) | Class 2 misdemeanor |
| Assault inflicting serious injury, or assault with a deadly weapon | Class A1 misdemeanor |
| Assault on a female, by a male who is 18 or older | Class A1 misdemeanor |
| Assault on a child under 12, or on a pregnant woman | Class A1 misdemeanor |
| Assault on a government officer or employee performing official duties | Class A1 misdemeanor, and a felony in some circumstances, such as when a law enforcement officer is injured |
| Assault on a rideshare driver or public transit operator | Class A1 misdemeanor |
| Misdemeanor crime of domestic violence: using or attempting to use force, or threatening with a deadly weapon, against a spouse, former spouse, co-parent, dating partner, or similar family member | Class A1 misdemeanor |
| Violating a domestic violence protective order | Class A1 misdemeanor, and a felony in some circumstances |
| Assault by strangulation that causes physical injury | Class H felony |
| Assault inflicting serious bodily injury | Class F felony |
The possible punishment depends on the class of the offense and your prior record under North Carolina’s structured sentencing laws.
Assault on a Female
Assault on a female is one of the most common assault charges in North Carolina. It applies when a male who is at least 18 years old is accused of assaulting a female. It is a Class A1 misdemeanor, the most serious class of misdemeanor. The charge does not require an injury, and it does not require any relationship between the two people.
When the Charge Involves a Family Member or Partner
When an assault charge involves a spouse, former spouse, dating partner, co-parent, or someone you live or have lived with as a couple, several additional rules can apply:
- A judge sets your release conditions, not a magistrate. You can be held for up to 48 hours while waiting for a judge, and the conditions often include staying away from the other person and your shared home (N.C.G.S. 15A-534.1).
- A separate civil protective order. The other person may ask for a domestic violence protective order under Chapter 50B. That is a separate civil case with its own hearing, and the order can remove you from the home and require you to surrender firearms.
- Violating a protective order is a crime. Knowingly violating one, including a temporary (ex parte) order, is a Class A1 misdemeanor, and it can be a felony in some circumstances (N.C.G.S. 50B-4.1).
- Firearms. A conviction for an assault against a family member or dating partner can trigger a federal ban on possessing firearms.
- The other person cannot simply drop the charges. Once a charge is filed, the decision to dismiss it belongs to the District Attorney.
Felony Assault Charges
Some assaults are charged as felonies, including assault by strangulation that causes physical injury (Class H), assault inflicting serious bodily injury (Class F), and assault with a deadly weapon with intent to kill or inflicting serious injury. Felony cases are handled in Superior Court and carry much greater exposure.
Assault Convictions and Your Record
An assault conviction is difficult to remove later. North Carolina’s expunction law for nonviolent offenses excludes any offense that includes assault as an element, so most assault convictions cannot be expunged. A dismissed charge or a not-guilty verdict, on the other hand, can usually be expunged. That is one reason the outcome of an assault case matters so much.
Visitors Charged With Assault
Many assault charges here involve people on vacation. In many misdemeanor cases, a lawyer can appear for you so you do not have to return for every court date, but release conditions and any protective order still apply wherever you live. We will tell you early what your case requires.
How We Can Help
- Review the police report, witness statements, and any video
- Evaluate whether self-defense or defense of others applies
- Address release conditions and any related protective order hearing
- Handle your court dates in Dare and Currituck County
Frequently Asked Questions
Can the alleged victim drop the charges? No. The alleged victim can share their wishes with the prosecutor, but only the District Attorney can decide to dismiss a criminal charge.
Is assault on a female a felony? No. It is a Class A1 misdemeanor, the most serious class of misdemeanor in North Carolina. Other assault charges, such as assault by strangulation, can be felonies.
Can I contact the other person while the case is pending? Not if your release conditions or a protective order prohibit it. Violating those terms can lead to arrest and new charges. Ask us before making any contact.
Can an assault conviction be expunged? Usually not. Assault convictions are excluded from North Carolina’s nonviolent-offense expunction law. Dismissed charges generally can be expunged.
Talk to a Board-Certified Criminal Defense Lawyer
Call or text 252-715-5785, or use the contact form on this page. Se habla español.
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