Mecklenburg County Assault Penalties
Assault is defined as putting someone else in reasonable fear of immediate harm or unwanted contact. An assault offense does not require any actual contact with the person.
Mecklenburg County assault penalties are significant, and a conviction can lead to long-term consequences. If you are facing charges, reach out to an experienced assault lawyer. A dedicated attorney could advocate for you and help you get your charges mitigated or dropped.
What are the Penalties For Assault in Mecklenburg County?
Penalties for assault in Mecklenburg County include up to a year in jail and a $2,500 fine. Other conduct involving assault might aggravate the charge, such as the assault on a law enforcement officer. An assault on an officer charge is a felony, which can lead to a fine of up to $2,000 and five years in jail.
If a person commits assault on someone because of their race, religion, color, or national origin, the minimum penalty will be six months in jail. A person who has previous assault convictions on their record could also face aggravating penalties.
Aggravating and Mitigating Factors in Assault Cases
Aggravating factors that can impact Mecklenburg County assault penalties include if the offender is under the influence of alcohol or other controlled substances. Erratic and loud boisterous behavior would be factored into the case. Who the alleged victim is could also aggravate the assault charge.
Mitigating factors will consist of a calm demeanor, someone who listens to the officer and complies with the officer’s instructions, and someone who can explain the situation fully without increasing the drama surrounding the case.
Are Diversion Programs Available For Assault Defendants?
Someone charged with their first assault offense has the option for a first offender program. This allows the accused to be on probation for two years and go to an anger management program that they must pay for as long as they are on good behavior and face no other criminal charges. Upon successful completion of the anger management program and probation, the charge will be dismissed.
Proving Assault Cases
In assault cases, the prosecution is trying to prove beyond all reasonable doubt that the individual charged with assault has put someone else in reasonable apprehension of imminent harm. They are going to do so by attempting to show that under the circumstances a reasonable person in that situation would have believed that harm or an unwanted touching was imminent.
To obtain a conviction against the person facing assault charges, the prosecution must prove beyond all reasonable doubt the elements of assault. They must show that a reasonable person in similar circumstances would have felt that they were placed in fear of imminent harm or unwanted touching. Fortunately, an accomplished lawyer could help a defendant by arguing against the prosecution’s case to obtain a favorable outcome.
Contact a Mecklenburg County Lawyer When Facing Assault Penalties
Anyone charged with assault in Mecklenburg County should call an attorney immediately. The sooner an attorney is contacted, the sooner they can begin working on the case. If you are facing Mecklenburg County assault penalties, reach out to an experienced lawyer today.