29 August

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How can that be battery? What everybody needs to know

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 of actual physical harm on another person – but it can also include just minimal, but unwanted, physical contact. To that end, any offensive touching that is done without the victim’s permission can lead to charges. What does simple battery look like? Here are some examples of battery that might surprise you: You’re in a fight with your boyfriend and he says something...

04 July

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Accused of domestic violence? Here’s how to avoid more problems

Posted by Chris Proffitt

in assault and battery

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 subject to arrest and additional charges for any violations can weigh on your mind pretty heavily. With that in mind, it’s smart to avoid the following mistakes: 1. Going back to the family home for a few necessary items Maybe you left your spare contacts or your laptop behind in the home you share with the alleged victim. The protective order likely bars...

29 April

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2 potential defenses to North Carolina assault charges

Posted by Chris Proffitt

in assault and battery

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 credible threat to commit bodily harm to another person. There are, however, a number of potential defenses to such charges. The following are two assault defenses that warrant further consideration by many defendants who face assault charges. Self-defense One of the most common defenses to assault charges is self-defense. In a nutshell, a self-defense argument claims that a defendant was acting defensively...

08 April

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What legal defenses to assault can you use besides self-defense?

Posted by Chris Proffitt

in assault and battery, blog

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 when self-defense might not be applicable. Defense of others A person may have the right to attack another to protect someone else who appears to be in danger. Like self-defense, this assertion requires reasonable grounds to show that the defended person was at risk of harm. A defendant must also demonstrate that the applied force was necessary to prevent harm to...

30 November

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Is corrosive acid a “deadly weapon” if used in an assault offense?

Posted by Chris Proffitt

in assault and battery

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 humans; contact with highly corrosive substances can cause chemical burn injuries. Because these substances are so harmful, some might think they’re the perfect weapon to stage an assault crime on someone because it’s as easy as dousing a person with water. Or someone was looking to destroy the physical appearance of another person by using acid. But would using an acid or similarly...

18 November

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What differentiates assault and battery from self-defense?

Posted by Chris Proffitt

in assault and battery

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 actually intended to hurt someone else. Many people only become physical when they feel they must defend themselves or others. Can someone accused of assault and battery in North Carolina defend against those allegations by claiming they acted in self-defense? North Carolina laws around self-defense Like most states, North Carolina has statutes specifically describing what constitutes self-defense. Typically, people have to fear...

02 August

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Is It A Crime To Spit On Someone?

Posted by Chris Proffitt

in assault and battery

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 it qualify as a crime? Why is spitting so offensive? Many people regard spitting as such a disrespectful behavior that they might prefer violence instead. This is because most people find it repulsive and demeaning to be spat on or touched by another person’s body fluids. And with good reason. Millions of bacteria microbes are present in the human...

17 April

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What elevates an attack to aggravated assault?

Posted by Chris Proffitt

in assault and battery, blog

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 assault by considering the possible outcome of an altercation and who the participants are. The type of attack A simple assault involves unlawfully touching or threatening someone with bodily harm. In such instances, the person under a supposed attack must believe the accused can immediately carry out the threat. An attack on someone with the intent to kill...

17 April

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Understanding protective orders

Posted by Chris Proffitt

in assault and battery, blog

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 the hearing. After hearing both sides, the judge determines whether or not to grant a Domestic Violence Protection Order. What occurs at the hearing According to the North Carolina Judicial Branch, both the plaintiff and defendant are welcome at the hearing, although if the plaintiff does not show, the judge will usually dismiss...

26 May

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What type of relationship do domestic violence charges require?

Posted by Chris Proffitt

in assault and battery, criminal defense

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 different forms of domestic violence. For example, abuse can also occur among blood relatives. While domestic violence may take several different forms, North Carolina state law takes a different view. According to the University of North Carolina, the law sometimes specifies that a particular type of relationship must exist between the alleged abuser and the person...