Arrested or Charged with Simple Assault (G.S. 14-33) in North Carolina?

Being charged with simple assault can turn your world upside down fast. Maybe it was a heated argument that got out of hand. Maybe someone felt threatened by something you said or did. Or maybe you were just defending yourself, but now the police are saying you committed a crime.

Whatever happened, you’re probably feeling confused, scared, and wondering what comes next.

At McMinn, Logan & Gray PLLC, we know that good people sometimes find themselves in bad situations. We understand that assault charges aren’t always black and white—and we’re here to defend your side of the story.

What Is Simple Assault Under North Carolina Law?

In North Carolina, simple assault is covered under G.S. 14-33(a), but the law doesn’t actually define what “assault” means. Instead, North Carolina relies on the traditional common law definition of assault.

Here’s what that means in plain English:

Simple assault can happen in two ways:

• Attempted Battery: You tried to physically harm someone but didn’t actually touch them (like swinging at someone and missing)
• Causing Fear of Harm: You did something that made another person reasonably afraid they were about to be hurt

The key point? You don’t have to actually touch someone to be charged with assault. Just making someone afraid that you’re going to hurt them can be enough.

What Does “Reasonable Fear” Mean?

The person claiming you assaulted them must have had a “reasonable” fear of immediate harm. This means:

• The fear must be something a reasonable person would feel in the same situation
• The threat must seem immediate (not something that might happen later)
• You must appear capable of carrying out the threat

For example, if you raise your fist and say, “I’m going to punch you,” that could be assault even if you never actually hit the person.

Simple Assault vs. Assault and Battery

Many people get confused about the difference between assault and battery. Here’s the simple explanation:

• Assault: The threat or attempt to harm someone
• Battery: Actually making physical contact with someone

In North Carolina, both are treated as “assault” under the law. So whether you just threatened someone or actually touched them, you’ll likely be charged under the same statute.

Penalties for Simple Assault in North Carolina

Simple assault is classified as a Class 2 misdemeanor in North Carolina. While that might sound “minor,” the consequences can be serious:

Possible Penalties:

• Jail time: Up to 60 days
• Fines: Up to $1,000
• Probation: Supervised or unsupervised
• Community service
• Anger management classes
• Permanent criminal record

How Your Criminal History Affects Your Sentence:

North Carolina uses a three-level system based on your prior convictions:

Level I (No prior convictions):

• Likely to get probation or community service
• Possible fine only

Level II (1-4 prior convictions):

• More likely to face some jail time
• Higher fines

Level III (5+ prior convictions):

• Up to 60 days in jail
• Maximum fines

Even if you avoid jail time, a conviction will stay on your criminal record permanently unless you can get it expunged later.

When Simple Assault Becomes More Serious

Certain factors can upgrade your simple assault charge to a more serious crime with harsher penalties:

Class A1 Misdemeanor (Up to 150 days in jail):

• Assault on a female (if you’re a male over 18)
• Assault on a government employee (police officer, firefighter, etc.)
• Assault on school personnel
• Using a deadly weapon or causing serious injury

If you use a weapon and cause serious injury, or if the assault was particularly violent, you could face felony charges with years in prison.

Common Defenses to Simple Assault Charges

Just because you’re charged doesn’t mean you’re guilty. There are several ways to fight simple assault charges:

1. Self-Defense

If someone attacked you first, you have the right to defend yourself. The key is that your response must be “reasonable”—you can’t use more force than necessary to protect yourself.

2. Defense of Others

You can also defend family members, friends, or even strangers if they’re being attacked. Again, the force used must be reasonable.

3. Lack of Intent

If what happened was truly an accident, you might not be guilty of assault. Assault requires intent—either to harm someone or to make them afraid.

4. No Reasonable Fear

If the alleged victim’s fear wasn’t reasonable under the circumstances, you might not be guilty of assault.

5. Consent

In some situations, like during sports or other physical activities, people consent to physical contact that might otherwise be considered assault.

6. False Accusation

Sometimes people lie about being assaulted. Maybe they’re angry about something else, or they want to get you in trouble. We can investigate the facts and expose false claims.

What NOT to Do If You’re Charged with Simple Assault

Even well-intentioned mistakes can make your situation worse. Here are some of the most common—and dangerous—missteps to avoid:

• Don’t talk to the police without a lawyer. Even if you think you can explain your side and clear things up, anything you say can be used against you later.
• Don’t contact the alleged victim. This can be seen as witness intimidation or harassment, which could lead to additional charges.
• Don’t post about the incident on social media. Anything you post can be screenshot and used as evidence against you.
• Don’t plead guilty just to get it over with. A conviction will follow you for years. It’s worth fighting the charges or trying to get them reduced.
• Don’t assume it’s no big deal because it’s “just” a misdemeanor. Even a simple assault conviction can affect your job, housing, and other opportunities.

The bottom line? Stay calm, stay quiet, and get legal help immediately. The right attorney can help you avoid mistakes and start building a strong defense from day one.

Frequently Asked Questions

Can I be charged with assault even if I didn’t touch anyone?

Yes. In North Carolina, just making someone reasonably afraid they’re about to be harmed can be enough for an assault charge.

What if the other person started the fight?

You may have a valid self-defense claim, but you’ll need to show that your response was reasonable and necessary to protect yourself.

Will I go to jail for a first-time simple assault charge?

Not necessarily. Many first-time offenders receive probation, community service, or other alternatives to jail time. Having an experienced attorney significantly improves your chances of avoiding jail.

How long will this stay on my record?

In North Carolina, most criminal convictions stay on your record permanently. However, you may be eligible for expungement in certain circumstances, especially if you’re a first-time offender.

What if I were defending someone else?

North Carolina law allows you to use reasonable force to defend others from harm. This can be a valid defense, but you’ll need to show that the person was actually in danger and that your response was appropriate.

Don’t Let One Mistake Define Your Future

Being charged with simple assault doesn’t mean your life is over. The key is acting quickly. The sooner you contact an attorney, the more options you’ll have to protect yourself.

At McMinn, Logan & Gray PLLC, we understand that people make mistakes, misunderstandings happen, and sometimes you have to defend yourself. We don’t judge—we defend. Our job is to protect your rights, investigate the facts, and fight for the best possible outcome in your case.

Don’t wait. Don’t try to handle this alone. Don’t let the prosecution control your future.

Contact McMinn, Logan & Gray PLLC today for a free consultation. Your freedom, your reputation, and your future are too important to leave to chance.