Statesville Assault and Battery Lawyer

Skilled Assault and Battery Attorney in Statesville, NC

Being charged with assault and battery in Statesville does not need to herald the end of your freedoms. Whether your charges have arisen from a misunderstanding occurring near Martin Luther King Jr. Park or a mistake that took place at your home in Greenbriar, hiring an aggressive and experienced Statesville assault and battery lawyer can protect your rights and future are protected.

Work With the Experienced Team at Ashley Cannon, Attorney at Law

If you have been accused of assault and/or battery in Statesville, North Carolina, it’s important that you contact an experienced attorney who can get the facts, determine whether your rights were violated, and work to have the charges against you reduced or dismissed, if possible. At Ashley Cannon, Attorney at Law, we have experience with both the prosecution and defense sides of these cases, and we understand how to aggressively fight to defend your rights.

Assault is a threat to attempt to injure an individual with the apparent ability to cause harm. It does not require actual injury to the victim, but merely the threat of causing injury. In battery cases, there is an unjustified, harmful application of force to the body of the victim. A battery is usually preceded by an assault. If facing either charge, you need to hire an assault and battery lawyer who understands how to protect your interests.

Assault and Battery Rates in Iredell County

The population of Iredell County reached 206,361 residents as of the 2024 census. According to the North Carolina State Bureau of Investigation, Iredell County experienced a total of 3,614 index crimes during 2024. Of these index crimes, 421 were for aggravated assault.

Attorney Defending Clients in Cases Involving Assault or Battery

Assault and battery are two distinct crimes, but they are often charged together. Assault refers to an attempt or threat of bodily harm, while battery refers to unwanted physical contact from one person to another. In North Carolina, assault is often used to describe both crimes, which can lead to confusion when facing charges. Typical charges include:

• Simple assault. Classified as a Class 2 misdemeanor, this act does not have to include physical contact. The threat of physical harm can lead to simple assault charges. Threatening violence against another person or attempting and failing to inflict harm is considered simple assault.
• Assault inflicting serious bodily injury. When one person causes serious bodily injury to another person, they can be charged with this felony. Serious bodily injury includes acts that cause significant pain, injuries that require medical treatment, or injuries that cause long-term impairment.
• Assault with a deadly weapon. If an assault occurs and the assailant uses a weapon, they can be charged with either a misdemeanor or a felony, depending on the seriousness of the offense.
• Assault by strangulation. This specific type of assault is often associated with cases of domestic violence. Charged as a felony, this offense involves restricting air flow or blood circulation at the neck.
• Assault on certain individuals. Some individuals are considered special protected classes, and committing assault against them is considered more serious. These special classes include children, officials, and people with disabilities.

The level of the crime is determined by a variety of factors, including the type of intent required, whether the offense was a repeat offense, whether it was an assault with a deadly weapon, the type of injuries the victim incurred, and where the offense took place.

These cases can be prosecuted as misdemeanors or felonies, depending on the circumstances. This is where a good assault and battery lawyer can make all the difference in the world. We can ask whether the charge fits the act committed and negotiate for a lesser charge or attempt to have the charges dismissed when possible.

Common Defenses to Assault and Battery Charges

Assault and battery charges are serious. The repercussions of being convicted could result in incarceration, large fines, and a permanent criminal record. Having a solid defense strategy can help you face these charges. Common defense strategies include:

• Mistaken identity. It is possible for a victim or witness to mistakenly identify the wrong person when reporting an assault. If you have been mistakenly identified, you can present evidence of an alibi or that you were not involved in the altercation.
• Self-defense. If you threatened or actually struck another person because you feared imminent harm to yourself, you could claim self-defense. In North Carolina, you have the right to use force against someone who poses a threat to your safety.
• Defense of others. Using force to stop someone from causing harm to another person is also allowed in North Carolina if you feel the other person is being threatened with imminent bodily harm.
• Consent. If you engage in physical behaviors toward another person with that person’s consent, you can use that consent as a justification for your actions.

Regardless of the circumstances of your charges, you need an experienced Statesville assault and battery attorney who can guide you through the criminal process. Your attorney can also gather evidence for your defense, speak with witnesses, and negotiate for reduced charges on your behalf.

FAQs

What Are the Most Common Types of Assault and Battery Cases in North Carolina?

There are several kinds of assault and battery cases that can occur in North Carolina, and at Ashley Cannon, Attorney at Law, we are here to protect for your freedoms against all of them. The most common types of assault and battery charges include simple battery or simple assault, aggravated battery, medical battery, felony assault, assault with a deadly weapon, assault with the intent to kill, domestic violence, restraining order violation, and affray.

When Can Penalties for Assault and Battery Become More Severe?

The penalties for assault and battery can increase in severity when the alleged offense has been taken against a member of a protected party or against a specific victim. These victims include women, if the male assailant is over the age of 18, children who are under the age of 12, emergency medical responders and health providers; individuals with disabilities, law enforcement officers, firefighters, public transport operators, and many more.

What Is Assault and Battery With a Deadly Weapon in North Carolina?

Assault and battery with a deadly weapon can occur in several different scenarios in North Carolina. If the accused party allegedly caused any serious injuries to the victim that resulted in the loss of blood, hospitalization, or pain, or if the accused allegedly pointed a loaded or unloaded firearm at the victim, even in jest, this can be considered assault with a deadly weapon.

When Does Assault and Battery Become a Felony Charge?

North Carolina ranked as 19th out of all 50 states when it comes to violent crimes occurring per 100,000 residents in 2023. Many of these crimes involve some element of assault and/or battery. For an assault and battery charge to be elevated to a felony, there are certain conditions that must be met. These conditions include cases where the victim was already disabled or when the accused person already has two or more prior misdemeanor or felony assault convictions.

Hire an Assault and Battery Lawyer Today

If you have been charged with assault and/or battery, don’t put your case in the hands of just any lawyer. Call Ashley Cannon, Attorney at Law, at 704-872-7438 to discuss your options today. You may also contact us online. We have an office in Statesville and represent people throughout Iredell County and the surrounding areas. Hire an assault and battery lawyer from our offices today.