Most people think of “battery” as something that requires significant physical contact – so it can take them by surprise to find themselves facing charges over something they never considered worthy of police involvement. In reality, battery can include the infliction...
assault and battery
Accused of domestic violence? Here’s how to avoid more problems
No matter how it happened, getting hit with a domestic violence protective order (also known as a “50B order”) can upend your entire world. It’s humiliating, frustrating and inconvenient to have your daily actions placed under restrictions. Knowing that you’re...
2 potential defenses to North Carolina assault charges
There are varying degrees of assault charges in North Carolina, and they all risk significant potential penalties. To secure a conviction for assault, the prosecution needs to show, beyond all reasonable doubt, that the defendant committed bodily harm or made a...
What legal defenses to assault can you use besides self-defense?
Arguing self-defense is one of the most common legal defenses to an assault charge. However, there can be other valid reasons for a physical altercation with another person. Understanding these arguments can make a difference in the outcome of the case, especially...
Is corrosive acid a “deadly weapon” if used in an assault offense?
Corrosive substances such as hydrochloric acid, sulfuric acid, ammonium hydroxide and sodium hydroxide have plenty of uses. They’re used for making things such as batteries and fertilizer, cleaning, or lab work. But these substances are also incredibly harmful to...
What differentiates assault and battery from self-defense?
In North Carolina, it is illegal to make unwanted or aggressive physical contact with another person. The state can charge someone with assault and battery for hitting, shoving or otherwise injuring someone else. However, not everyone accused of a violent offense...
Is It A Crime To Spit On Someone?
People express their anger or resentment toward another person in many ways. While some may respond with force, others might opt for a less violent but offensive approach, such as spitting. Compared to punching or kicking, spitting does not result in injury, so does...
What elevates an attack to aggravated assault?
An accusation of assault can be scary because the nature of the charges and the extent of the penalties can vary widely and become severe. A defendant could face hundreds of dollars in fines and years in prison. North Carolina courts distinguish simple from aggravated...
Understanding protective orders
If a law enforcement officer serves you an ex parte order, this means that someone filed a complaint of domestic violence against you. This order will include a date for a hearing in which you can defend your case. A judge will hear from both you and the plaintiff at...
What type of relationship do domestic violence charges require?
Intimate partner violence, in which one party allegedly acts abusively toward someone else with which he or she has had a romantic relationship, is one of the most common forms of domestic violence. From a sociological point of view, it is only one of several...