Law enforcement officers, judges, prosecuting attorneys, and juries do not look favorably on those accused of assaulting a female. The mere allegation of assaulting a female is enough to create a bias in some people—including jurors—regardless of the facts. When the odds are stacked against you like this, it is especially important to have an experienced Charlotte criminal defense lawyer at your side every step of the way.
If you have been accused of assaulting a female, it is imperative that you speak to a Charlotte criminal defense attorney at the Olsinski Law Firm, PLLC, as soon as possible. At the Olsinski Law Firm, PLLC, we’re dedicated to fighting to uphold our clients’ rights, including the presumption of innocence. From the moment you bring our assault on a female lawyers, you’re your case, we will take a firm stand in your corner, and we will remain there, aggressively pursuing the best possible result.
What is the Crime of Assault on a Female?Assault on a female is one of many violent crimes in North Carolina. However, more precisely, the crime is an enhanced version of simple assault. Under North Carolina Gen. Stat. § 14-33, which is the general assault statute, assault is typically considered a Class 2 misdemeanor. However, under subsection (c)(2), a simple assault becomes a Class A1 misdemeanor if a male who is 18 or older commits an assault against a female.
What Are the Elements of Assault in North Carolina?In a traditional simple assault case, the prosecution must prove that the defendant assaulted the alleged victim. While the term “assault” isn’t assigned a statutory definition, it’s come to mean any unwelcome physical contact, or an attempt to make contact, designed to hurt or threaten another person. Notably, there doesn’t need to be any physical contact to find that an assault occurred. For example, pulling your fist back as though you are about to punch someone is technically an assault.
When it comes to assault on a female, in addition to establishing an assault occurred, the prosecution must also prove:
The punishments for being convicted of assaulting a female can be severe. Assault on a Female is a Class A1 misdemeanor, and regardless of your previous record, you could very possibly be looking at jail time for a first offense. However, the judge isn’t required to include incarceration as a part of your sentence. Other possible punishments, depending on which county you are charged, can be probation, mandatory anger management course, community service, drug and alcohol treatment, as well as fines.
Defenses to Assault on a Female in CharlotteDefending an Assault on a female charge is not easy. Prosecutors will often believe everything the alleged victim says, giving them a skewed version of history. This makes them less likely to work out a plea negotiation and more likely to push the matter to trial. At trial, the strategy may involve self-defense if the female was the first to initiate contact. In other cases, a fabrication defense may work best, which involves calling the alleged victim’s entire story into question. It is also important to determine if the police were involved and if they effectuated an arrest or if the alleged victim sought a private warrant. There are many scenarios that can come into play when you are facing these charges, and it is important you have an attorney who is willing to fight for your case.
Have You Been Charged With Assault on a Female in Charlotte?The Olsinski Law Firm, PLLC, is committed to advocating on behalf of those charged with serious violent crimes, such as assault on a female. We understand that facing serious allegations can feel overwhelming; however, this is not a journey you need to embark upon on your own. The Charlotte assault lawyers at the Olsinski Law Firm, PLLC, have a firm understanding of the substantive legal principles that apply in these complex and high-stakes cases and are ready to do whatever it takes to ensure your case ends in the best result possible. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.