Raleigh, North Carolina Assault/Battery Attorneys
Outside of murder offenses, assault and battery charges are among to most serious charges you can face under North Carolina law.
Even the lower degree misdemeanor crimes may include jail time for a conviction, and the most severe offenses could mean a lengthy term of incarceration. Still, regardless of the nature of the crime, you are entitled to your day in court.
Our Raleigh assault and battery attorneys at Tarlton | Polk are dedicated to protecting the legal rights of those accused of violent crimes. An arrest is not a conviction, and there are many opportunities within the North Carolina criminal process to defend against the allegations. Our lawyers possess the in-depth knowledge and courtroom skills to navigate the complex criminal code and procedural rules, ensuring the protection of your interests.
The criminal defense legal team headed by Brad Polk and Raymond Tarlton have extensive experience representing clients charged with a wide range of offenses. After consulting with you on the details of your case, they delve into the process of developing a strong defense strategy.
From attacking weaknesses in the case against you to presenting arguments in your favor, our lawyers at Tarlton | Polk are committed to achieving justice in your case.
Solid Representation in North Carolina Assault/Battery Cases
Our comprehensive legal services in the area of criminal defense cover many types of assault and battery crimes, which may be a felony or misdemeanor under North Carolina law. Please contact Tarlton | Polk right away if you are facing charges on:
Assault with a Deadly Weapon
A prosecutor must prove that you attacked another person with a deadly weapon, though there is no specific definition on what type of device qualifies as “deadly.” Examples might include a baseball bat, motor vehicle, rock, firearm, knife, broken glass, or even your hands.
The matter becomes a question of the nature and size of the weapon, how you allegedly used it, and the size differential between you and the victim.
There are two sub-categories under the crime of Assault with a Deadly Weapon, and you may be charged with both depending on the circumstances:
- Assault with a Deadly Weapon Inflicting Serious Injury: The issue of serious injury is a question of fact for the jury, and it may involve a risk of death, permanent disfigurement, or other health complications. Generally, it must be severe enough to require medical attention. It is not necessary for a prosecutor to prove that the victim did seek treatment, but failing to do so could be a weakness in the state’s case against you.
- Assault with a Deadly Weapon with Intent to Kill:Intent based crimes can be challenging for prosecutors because they cannot probe your brain to determine your thoughts. They can only use the circumstances surrounding the assault to prove intent, which is subject to attack when presenting your defense.
In these assault and battery scenarios, whether you are accused of one or both, the offense is a felony. If convicted you face between 15 months to several years in prison, so it is critical to retain a skilled criminal defense attorney.
- Assault Inflicting Serious Bodily Injury: This crime is defined as assaulting another person and inflicting serious bodily injury, though there is no specific language regarding a weapon. Unless the assault involves strangulation, the offense is a misdemeanor for a first-time offender. Though less serious than a felony, you could do face jail time, community service, and/or probation.
- Other Assault Crimes: North Carolina law distinguishes other assault and battery offenses depending on the circumstances, but there are still serious legal penalties for:
- Simple Assault, where a victim only suffers minor injuries and there is no weapon present;
- Assault and battery involving specific victims, such as women, children, state workers, school employees, and sports officials;
- Sexual assault offenses, where there is forced, non-consensual sexual contact or physical contact for sexual purposes.
You Are Entitled to a Strong Defense
Depending on the specific type of assault crime, the state prosecutor must prove facts showing that you committed the crime beyond a reasonable doubt. With our knowledgeable Tarlton | Polk criminal defense attorneys at your side, it is possible to expose and exploit weaknesses. We would typically file motions that argue:
- Illegal Search and Seizure: Regardless of the crime, you are still entitled to your rights under the US Constitution. The Fourth Amendment prohibits unreasonable search and seizure unless based upon probable cause or a warrant. If the search and seizure contravenes constitutional standards, any evidence obtained in connection with the violation cannot be used against you in a court of law.
- Self Defense: If you were acting to protect yourself and engaged in conduct that amounts to assault and battery, you may claim self-defense to beat the charges.
- Sufficiency of the Evidence: The “beyond a reasonable doubt” standard is tough, and it is the highest standard required in any type of court in the US. It requires evidence demonstrating that there is no other logical explanation that can be derived except that you are guilty.
This burden is on the prosecution to show that you are guilty: It is not up to you and your defense attorneys to establish innocence. Our attorneys take every advantage of picking apart the prosecutor’s case to reveal the shadow of a doubt in a juror’s mind which could lead to a finding of not guilty.
Discuss Your Case with an Experienced Raleigh, NC Assault/Battery Lawyer Today
North Carolina law is tough on those who commit assault and battery crimes, which is why your best strategy to obtain a favorable result is to retain a knowledgeable criminal defense attorney right away.
Our lawyers at Tarlton | Polk have represented many clients in Raleigh, NC, Wake County, and throughout North Carolina, so we have amassed significant experience in fighting for the rights of those charged with assault and battery offenses.
Please contact us to schedule an initial consultation, so we can get to work on developing a solid defense strategy in your case.