Derek M. Gray
Attorney
Graystar Legal and McMinn & Logan are now McMinn, Logan & Gray
Assault and battery sound like two separate criminal offenses, but the terms are often used in conjunction in the North Carolina General Statutes. Anybody facing assault and battery charges in North Carolina will want to work with an experienced Winston-Salem assault & battery lawyer because convictions in these cases can carry very steep consequences.
We treat our clients with the dignity and respect they deserve.
Possible defenses in these cases can include claims of self-defense, defense of other people or property, misidentification by police, or alleged victims consenting to fight you. Anybody who is facing these types of accusations will want to evaluate all of their legal options.
Assault and battery offenses in the North Carolina General Statutes include:
There are three types of possible penalties for a misdemeanor conviction. They include:
Sentences in North Carolina are also based on prior conviction levels, with the three levels being:
After a judge reviews an alleged offender’s prior convictions, sentences can include:
When it comes to a felony, a court must determine an alleged offender’s prior criminal record level. Every prior conviction gets points as follows:
Record levels are then determined as follows:
The court can then either sentence an alleged offender within a presumptive range, aggravated range, or mitigated range. Felonies can result in the following prison sentences (fines are at a judge’s discretion):
Imprisonment and fines are the obvious consequences, but there can be other consequences to both misdemeanor and felony convictions in North Carolina. A lawful permanent resident (LPR) or “green card holder” may see negative impacts on their immigration status, but even United States citizens can still have to deal with the loss of a professional license, possible termination of child custody rights, and forfeiture of their gun rights.
Misdemeanors and felonies can both involve mitigating or aggravating factors that might impact the possible punishment a court imposes. Aggravated and mitigated sentences are established under North Carolina General Statute § 15A-1340.16, and mitigating factors include:
Aggravating factors include:
In North Carolina, the district court hears criminal cases involving misdemeanors and infractions, while the superior court handles felony cases. For Winston-Salem, the district and superior courthouse are the Forsyth County Courthouse, located at:
200 N Main St.
Winston Salem, NC 27101
(336) 779-6300
Forsyth County is District 22, but other nearby courts include:
District 22b Davidson County District Court Thomasville
22 Randolph Street
Thomasville, NC 27360
(336) 474-3185
District 18 Guilford County District Court High Point
505 East Green Drive
High Point, NC 27262
(336) 801-5252
Are you facing assault or battery allegations in Winston-Salem or a nearby area of North Carolina? Make sure you talk to Graystar Legal attorney as soon as possible for legal assistance fighting the criminal charges and achieving the most favorable possible outcome.
Our firm can conduct our own independent investigation into the incident that led to your charges and then work to get a reduction in or dismissal of the charges. Contact us online to set up a free consultation so we can further discuss your case.
you may be eligible for the First Offender program. This program may help you avoid a conviction and have your charges dismissed and possibly expunged from your record.
The prosecutor’s job is to convict you. Our job is to protect your rights
North Carolina defines an assault as a person attempting or threatening to unlawfully touch someone, while battery is when a person intentionally touches someone without their permission or consent. While the two offenses are often associated with one another, they are actually two different actions.
A domestic offense involves a domestic dispute, usually meaning the victim was a family member or member of your household.
An alleged victim expressing a desire to drop a criminal case does not necessarily mean that the district attorney or other prosecutor assigned to the case is just going to abandon it. Charging decisions remain completely up to the prosecutor, but a victim’s desire can be a motivating factor in reducing or dismissing the charges.
Plea negotiations and guilty pleas can happen any time before a verdict.
Here are the areas we serve and the criminal courts where your charges will be heard. The best thing you can do now is speak with a lawyer and get a free consultation.
Did you get arrested? Facing criminal charges? Wondering if you’ll go to jail? Afraid of what happens next? Don’t go alone.