Assault & Battery

Assault & Battery

In North Carolina, assault and battery are considered serious, violent crimes. Conviction of these charges carries a wide range of punishments, not the most lasting of which includes imprisonment. Law enforcement has broad discretion in the in the charging of violent crime and the courts’ have broad discretion in sentencing. The combination of these factors make otherwise clear and direct charges quite complex to navigate.  Our criminal defense of attorneys have decades of personal, cumulative, and historical experience representing people accused of these crimes throughout North Carolina’s Triangle.

Often thought of together, assault and battery are distinct and separate crimes, though the crime of battery by necessity also includes the additional crime of assault. The charge of simple assault is defined as the intent to commit battery against someone or causing fear of bodily harm by means other than words. A battery, on the other hand, is the actual use of force to cause someone bodily harm or touching in an offensive way.

North Carolina recognizes three misdemeanor assault and battery charges.  They include Assault & Battery, the causing of an injury to another, assault, the causing of fear through a show of force, and affray, which is fighting in public. If a weapon is used in the commission of any of these crimes, or if the assault is perpetrated to commit other crimes, like robbery or rape, then a simple assault rises to the leve of aggravated assault, which is a felony.

Because assault and battery cases tend to be fact-specific, just one simple fact can make the difference in determining the crimes with which you are charged and whether the charge is a misdemeanor or a felony.  Due to the nature of these crimes, the outcome in assault and battery cases often depends upon whose version of the facts the court find most credible, and most likely how a court applies its discretion in sentencing.

At DeMent Askew & Johnson, we are successful criminal defense lawyers who commonly represent people accused of assault and battery crimes in and around Wake County.  We understand the law and have the skill required to focus the court’s attention on those facts unique to your case. Call us today to speak with one of our assault and battery defense attorneys for a free consultation at 919-833-5555.

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

MOREHEAD CITY OFFICE:
810 Arendell Street
Morehead City, NC 28557

CRIMINAL DEFENSE SUCCESS

Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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NO CONSENT, NO CONVICTION ON DWI

September 13, 2022

The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…

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DWI DISMISSED AFTER UNLAWFUL SEARCH

September 13, 2022

Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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Violent Felony Dismissed

September 13, 2022

The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…

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NOT GUILTY ON POTENTIAL AGGRAVATED LEVEL ONE DWI

September 13, 2022

The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…

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FELONY LARCENY CHARGE DISMISSED

September 13, 2022

The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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NOT GUILTY ON DWI

September 13, 2022

Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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