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Criminal Defense
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Personal Injury
Raleigh Assault & Battery Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Assault and battery convictions in North Carolina range from misdemeanors to serious felonies, carrying jail time, probation, and consequences that affect employment and gun ownership. Meet with a Raleigh defense lawyer who can challenge witness testimony, self-defense claims, and prosecutors’ evidence. Schedule your consultation now.
You’ve been charged with assault in Wake County. Maybe it was a heated argument that got out of hand. A bar fight. Or someone’s making false accusations against you. Whatever happened, you’re now facing criminal charges that could destroy your job, your reputation, and your freedom.
The fear is real. The consequences are severe. But you don’t have to face this alone.
North Carolina prosecutors treat assault cases harshly, and the penalties only get worse if you don’t fight back with experienced legal representation.
Many people think assault and battery are the same thing. They’re not. Under North Carolina law, these are distinct crimes with different elements and penalties.
Assault occurs when you:
Battery involves:
Here’s what surprises most people: You can be charged with assault without ever touching anyone. Raising your fist, making verbal threats, or even aggressive gestures can result in assault charges if the alleged victim reasonably feared immediate harm.
Common assault and battery charges in North Carolina include:
The consequences of an assault conviction extend far beyond jail time and fines:
Simple Assault/Battery (Class 2 Misdemeanor):
Assault on a Female (Class A1 Misdemeanor):
Assault with a Deadly Weapon (Felony):
Long-Term Consequences:
According to North Carolina General Statute § 14-33, even misdemeanor assault convictions create a permanent criminal record that follows you for life.
At DeMent Askew Johnson & Marshall, we’ve defended assault cases for over 40 years. Every case requires a customized defense strategy, but effective approaches often include:
You have the right to protect yourself from imminent harm. If you reasonably believed force was necessary to defend yourself or others, we can build a complete defense. North Carolina’s “stand your ground” law means you had no duty to retreat before defending yourself.
Using reasonable force to protect another person from immediate danger is legally justified. This applies to protecting family members, friends, or even strangers from assault.
Assault requires intentional conduct. Accidental contact, reflexive movements, or unintentional actions cannot support assault convictions.
Unfortunately, false assault allegations are common, especially in:
We investigate motivations for false accusations and expose inconsistencies that undermine credibility.
If both parties willingly engaged in fighting, this can provide a defense or mitigation strategy.
Evidence obtained through illegal searches, coerced statements, or other constitutional violations can be suppressed, potentially leading to dismissal.
Being arrested for assault can feel like your world is spinning out of control, but what you do next matters. Your decisions in the hours and days after an arrest can either protect your future or seriously hurt your case. Here’s what you need to do right away to give yourself the best possible defense.
Don’t explain, justify, or tell “your side” to police. Anything you say will be twisted and used against you. Simply state: “I want a lawyer. I’m exercising my right to remain silent.”
Even if they contact you first, don’t respond. Any contact can lead to additional charges or violate release conditions.
The sooner we get involved, the better we can protect you. Early intervention can sometimes prevent charges from being filed or result in reduced charges.
An assault arrest is serious, but it doesn’t have to define your future. By staying quiet, documenting everything, and getting legal help early, you give yourself a real chance at a stronger outcome.
When facing assault charges in Raleigh, you need attorneys who understand both the law and local court dynamics. Our firm offers:
We don’t just handle your criminal case—we protect your entire future. That means fighting to preserve your job, your family relationships, and your reputation in the community.
An assault charge doesn’t have to ruin your life. With the right defense strategy and experienced criminal defense attorneys, you can fight these charges and protect your future.
At DeMent Askew Johnson & Marshall, we’ve helped hundreds of clients facing assault charges throughout Raleigh, Morehead City, and North Carolina. We know the fear you’re feeling. We understand what’s at stake. Most importantly, we know how to fight back.
Don’t let prosecutors intimidate you into accepting a plea deal that will haunt you forever. Don’t assume the charges will just go away. The decisions you make right now will impact the rest of your life.
Call DeMent Askew Johnson & Marshall today for a confidential consultation. Let us put our decades of experience to work defending your freedom, protecting your record, and securing your future.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Assault involves attempting to injure someone or causing them to fear immediate harm—no physical contact is required. Battery involves actual physical contact or injury. In practice, North Carolina often charges these crimes together, but they are distinct offenses with different elements the prosecution must prove.
Yes. In North Carolina, assault charges don’t require physical contact. Attempting to hit someone, making threatening gestures, or any show of force that causes reasonable fear of immediate harm can result in assault charges. Even verbal threats combined with the apparent ability to carry them out can constitute assault.
No. In North Carolina, prosecutors—not victims—decide whether to pursue charges. Even if the alleged victim recants or refuses to cooperate, the state can proceed based on other evidence like police reports, witness statements, photographs, or 911 calls. However, victim cooperation often affects how prosecutors handle the case.
Assault with a deadly weapon is a felony carrying much harsher penalties—potentially years in prison versus days in jail. A “deadly weapon” includes guns, knives, or any object capable of causing death or serious injury when used as a weapon. This can include everyday items like bottles, tools, or vehicles when used to assault someone.
It depends on the outcome and charge level. Dismissals and not guilty verdicts can typically be expunged. First-time misdemeanor assault convictions may be eligible for expungement after a waiting period if you have no other convictions. Felony assault convictions generally cannot be expunged. This is why fighting charges aggressively from the start is crucial.
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