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Charged With Assault on a Female in Raleigh?

This charge is treated as a serious offense under North Carolina law and can carry harsh consequences. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your case.

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One accusation. One arrest. One moment that could change everything.

If you’ve been charged with assault on a female in North Carolina, you’re facing a legal nightmare that could haunt you for years—or even decades—to come. This isn’t just another misdemeanor. It’s a Class A1 misdemeanor with enhanced penalties designed to follow you long after any jail time is served.

At DeMent Askew Johnson & Marshall, we’ve seen how these charges destroy careers, families, and futures. We’ve also seen how the right defense can make all the difference.

Don’t wait another day. Your future depends on what you do right now.

North Carolina’s Assault on a Female Law (N.C.G.S. § 14-33(c)(2))

Under North Carolina law, assault on a female occurs when:

  • A male defendant who is at least 18 years old
  • Commits any assault, assault and battery, or affray
  • Against a female victim (any age)

What makes this charge particularly dangerous is that it elevates what would typically be a Class 2 misdemeanor (simple assault) to a Class A1 misdemeanor—the most serious misdemeanor level in North Carolina’s criminal code.

The prosecution doesn’t need to prove you caused serious injury. They don’t need to prove you used a weapon. All they need to show is that an assault occurred and the alleged victim was female.

Penalties for Assault on a Female Convictions

The penalties for assault on a female in North Carolina vary based on your prior criminal record:

  • No Prior Convictions: Up to 60 days of active, intermediate, or community punishment
  • 1-4 Prior Convictions: Up to 75 days of active, intermediate, or community punishment
  • 5+ Prior Convictions: Up to 150 days of active, intermediate, or community punishment

But here’s what the prosecution won’t tell you: the true punishment extends far beyond any jail sentence. A conviction means:

  • Permanent criminal record visible on every background check
  • Loss of firearm rights under federal and state law
  • Devastating employment consequences, especially for teachers, healthcare workers, or government employees
  • Housing rejections from landlords who screen for violent offenses
  • Child custody implications that could limit your access to your children
  • Professional license suspensions or revocations
  • Immigration consequences for non-citizens, including possible deportation

One moment of alleged misconduct could dismantle everything you’ve worked for throughout your entire life.

Common Scenarios That Lead to Assault on a Female Charges

Based on our decades of experience defending these cases in Raleigh and throughout North Carolina, we see these charges typically arising from:

  • Domestic arguments that escalate and result in police being called
  • Self-defense situations where your actions were misinterpreted
  • False accusations during contentious divorces or custody battles
  • Bar or nightclub altercations where multiple people were involved
  • Mutual combat situations where both parties were engaged but only the male is charged
  • Misunderstandings where physical contact was not intentional

Many of our clients are ordinary people with no criminal history who never imagined themselves facing criminal charges. They made one mistake—or in many cases, were wrongfully accused—and suddenly found their lives turned upside down.

Why These Cases Require an Experienced Defense Team

Assault on a female cases involve unique legal and strategic challenges:

  • Gender bias often affects how police, prosecutors, judges, and juries perceive these cases
  • Domestic violence implications can trigger additional legal consequences and protective orders
  • “He said, she said” evidence typically requires sophisticated credibility challenges
  • Overlapping family court issues when the case involves spouses or co-parents
  • Enhanced penalties require more aggressive defense strategies than typical misdemeanors
  • Defenses must be properly developed and presented

At DeMent Askew Johnson & Marshall, our criminal defense attorneys have successfully defended hundreds of assault on a female cases. We understand these unique challenges and how to effectively address them.

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Powerful Defense Strategies That Work in Assault on a Female Cases

When facing these serious charges, having the right defense strategy is critical. Our experienced defense team builds customized strategies that may include:

  • Self-defense claims: Were you protecting yourself from an attack? North Carolina law allows reasonable force in self-defense, even against female attackers.
  • Defense of others: Were you protecting a child or another person from harm?
  • Lack of intent: Was any contact accidental rather than intentional?
  • False accusations: Is there evidence the alleged victim had motivation to lie?
  • Insufficient evidence: Can the prosecution actually prove their case beyond a reasonable doubt?
  • Witness credibility challenges: Are there inconsistencies in the accuser’s story?
  • Constitutional violations: Were your rights violated during the arrest or investigation?
  • Alternative resolution options: Are you eligible for deferred prosecution or other diversion programs?

Remember, the prosecution must prove every element of the charge beyond a reasonable doubt. With strategic, aggressive defense, many cases can be dismissed, reduced, or resolved without a conviction.

The DeMent Askew Johnson & Marshall Advantage

When you choose our firm to defend against assault on a female charges, you benefit from:

  • 35+ years of combined criminal defense experience
  • Former prosecutors who understand how the other side builds their cases
  • Deep relationships within the Raleigh and North Carolina court systems
  • Respected trial attorneys known for aggressive courtroom advocacy
  • Accurate knowledge of domestic violence and assault defense strategies
  • Comprehensive approach that addresses both criminal and collateral consequences
  • 24/7 accessibility during this critical time in your life

We don’t just defend cases—we defend people, reputations, careers, and futures.

What to Do Right Now If You’re Facing Assault on a Female Charges

If you’ve been charged with assault on a female in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:

  1. Exercise your right to remain silent. Anything you say to police, the alleged victim, or others can and will be used against you.
  2. Do not violate any protective orders or no-contact provisions, even if the alleged victim contacts you first.
  3. Preserve all evidence that may help your case, including text messages, emails, voicemails, videos, or photos.
  4. Contact our office immediately for a confidential case evaluation.

The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.

Don’t Face These Charges Alone – Contact Our Raleigh Assault on a Female Defense Lawyers Today

At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing assault on a female charges. Your freedom. Your reputation. Your career. Your family. Your future.

Our team of experienced criminal defense attorneys is ready to stand between you and the serious consequences of an assault on a female conviction.

The consultation is completely confidential.

Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle assault charges—let us help you protect everything that matters.

Serving clients in the following counties: Wake, Durham, Orange, Carteret, Chatham, and Johnston.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What exactly is "assault on a female" under North Carolina law?

Under North Carolina General Statute § 14-33(c)(2), assault on a female occurs when a male 18 years or older commits any assault, assault and battery, or affray against a female. This gender-specific charge elevates what would normally be a Class 2 misdemeanor (simple assault) to a Class A1 misdemeanor, the most serious misdemeanor level in North Carolina.

 

 

Does the female have to be injured for me to be charged?

No. The prosecution does not need to prove that the female suffered any physical injuries. Under North Carolina law, an assault can be either:

  • An attempted battery (an overt act intended to cause physical harm)
  • Intentionally causing another person to fear immediate bodily harm

Either definition can support an assault on a female charge without any physical injury occurring.

Can I be charged with assault on a female if I was defending myself?

Yes, you can be charged even if you were acting in self-defense. However, self-defense is a valid legal defense to this charge. North Carolina recognizes your right to use reasonable force to defend yourself, even against a female attacker. The key is whether your response was proportional to the threat you faced.

Can assault on a female charges be expunged from my record?

Under North Carolina’s expungement laws, you may not expunge any conviction that has assault as an element of the offense.

However, dismissals and not guilty verdicts generally can be expunged. This underscores the importance of fighting these charges effectively from the start.

What should I do immediately after being charged with assault on a female?
  1. Exercise your right to remain silent. Don’t discuss the case with police without an attorney present.
  2. Do not contact the alleged victim, even if they contact you first.
  3. Obey all conditions of your pretrial release.
  4. Preserve evidence that might help your case (texts, emails, photos, videos).
  5. Contact an experienced criminal defense attorney immediately.
How much does it cost to hire a lawyer for an assault on a female charge?

Legal fees vary based on the complexity of your case, your attorney’s experience, and your location. At DeMent Askew Johnson & Marshall, we offer transparent fee structures and payment plans to ensure quality representation is accessible when you need it most. We provide detailed fee information during your initial consultation.

What if she hit me first?

This depends entirely on timing and context. Self-defense requires an ongoing or imminent threat—not retaliation after an attack has ended.

If she was actively attacking you and you used reasonable force to stop the ongoing assault, you may have a valid self-defense claim. North Carolina law allows you to use force necessary to protect yourself from continued harm, and your response must be proportional to the threat (you cannot escalate from no weapon to a deadly weapon).

However, if she struck you and the incident was over, then hitting her back is retaliation—a separate assault, not self-defense. Self-defense protects you from an active threat, not past harm.

This is why having experienced legal representation is crucial. We can analyze the specific timeline of events, witness statements, and evidence to determine whether you have a valid self-defense claim or whether other defense strategies are more appropriate for your case.

Will I go to jail if convicted of assault on a female?

Possibly. As a Class A1 misdemeanor, the maximum sentence is 150 days in jail. Whether you actually receive jail time depends on your prior criminal record and the specific circumstances of your case:

  • With no prior convictions, you face up to 60 days
  • With 1-4 prior convictions, you face up to 75 days
  • With 5+ prior convictions, you face up to 150 days

The court has discretion to impose active jail time, intermediate punishment (like supervised probation), or community punishment.

How can a lawyer help with my assault on a female charge?

An experienced criminal defense attorney can:

  • Investigate the allegations thoroughly
  • Identify and interview potential witnesses
  • Review police reports for inconsistencies
  • Analyze medical records if injuries are claimed
  • Identify constitutional violations in the arrest or investigation
  • Negotiate with prosecutors for reduced charges or dismissal
  • Present compelling defense strategies at trial
  • Minimize collateral consequences to your employment, housing, and family
Will I get a domestic violence protective order if I'm charged with assaulting my wife or girlfriend?

Potentially. If the alleged victim is a current or former spouse, someone you live with or have lived with, or someone you have a child with, they may request a Domestic Violence Protective Order (DVPO) under Chapter 50B. This civil order is separate from your criminal case and can:

  • Force you to leave your home
  • Prevent contact with the alleged victim
  • Affect child custody arrangements
  • Require you to surrender firearms
  • Create additional criminal liability if violated

Will I lose my gun rights if convicted?

Yes. Under federal law (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor domestic violence offense is prohibited from possessing firearms or ammunition for life. This applies to assault on a female charges when the victim is a current or former spouse, cohabitant, or has a child with you. Even in non-domestic cases, a conviction can affect your ability to obtain a concealed carry permit in North Carolina.

What if the alleged victim wants to drop the charges?

In North Carolina, only the prosecutor (not the alleged victim) has theuthority to dismiss criminal charges. Even if the alleged victim recants or refuses to cooperate, the prosecution may proceed with the case using other evidence, such as:

  • Police officer testimony
  • 911 calls
  • Photographs of injuries
  • Statements made at the scene
  • Other witnesses

However, victim cooperation often significantly impacts how the case proceeds, and an experienced attorney can use this factor in negotiating with prosecutors.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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