Depending on the circumstances surrounding your arrest, you could be charged with assault and battery as a misdemeanor or felony in North Carolina. If convicted, you can face a jail or prison sentence, fines, and would have a permanent criminal record. However, you may have strong defenses that can help you fight the charges and reduce or eliminate the harsh consequences you face.
Four Defenses to Assault and Battery Charges
You can be charged with assault for threatening someone with bodily harm that puts them in reasonable fear—even if you did not touch them. To be charged with battery, there would need to be some physical touching.
You will need to hire an experienced criminal defense attorney to help you identify and effectively raise defenses that would work in your case. Here are some common defenses that have helped people fight these charges in Charlotte:
- Self-defense. One of the most common defenses raised in these cases is self-defense. When raising this defense, you would need to show that the victim was the attacker and you were defending yourself.
- Defense of others. If you were defending another individual being attacked, you could raise the defense of others to fight the charges.
- Misidentification. In some cases, a witness or the victim misidentifies the perpetrator. If this is true in your case, you could argue that the police arrested the wrong person.
- Alibi defense. An alibi defense could be raised with a claim of misidentification if you have an alibi that can help you prove you were somewhere else at the time the assault and battery was committed.
- Consent. If you raise this defense, you would need to prove that the victim consented to fight with you.
Were you charged with assault and battery in Mecklenburg County? Our knowledgeable criminal defense team can identify the defenses that could work in your case and will fight aggressively to achieve the best possible outcome for your situation. To learn about how we have defended other clients facing similar charges and how we can assist you, call our Charlotte office to schedule a free case evaluation today.