Asheville Assault & Battery Lawyer

Experienced Assault & Battery Attorney in Asheville, NC

Although commonly used in conjunction with each other, assault and battery are two separate charges with significant penalties that can include fines and jail or prison time. They can also have long-lasting impacts, such as difficulty securing employment, housing, or additional educational opportunities. Working with an Asheville assault & battery lawyer can help you understand the charges you’re facing and protect your rights throughout the legal process.

About Edwards Law, PLLC

When you find yourself facing criminal charges in Asheville, NC, you need a lawyer with the tools necessary to help you defend yourself. Our attorney, Doug Edwards, is a seasoned trial lawyer with over 10 years of experience as a prosecutor. He has a deep knowledge of the court system and a thorough understanding of North Carolina criminal law, and he is ready to bring all of his skills to your service.

While the ultimate goal is securing an acquittal, a competent attorney like Doug Edwards is also a robust line of defense against miscarriages of justice that commonly occur because of procedural errors or bias. As your case progresses, he can maintain communication with law enforcement officers and prosecuting attorneys in order to watch for mistakes or the mishandling of evidence. Facing criminal charges is daunting, but you do not have to do it alone.

Types of Assault and Battery

Assault and battery are two separate charges. Assault is defined as a threat of violence or physical harm directed at another person who reasonably believes the threat to be true. There is no physical contact between the victim and the accused potential assailant in the case of assault.

Battery occurs when there is unwanted physical contact with another individual. It is a safe assumption that if a person commits battery, they also commit assault. However, if a person commits assault, they do not necessarily commit battery.

The most common forms of these charges include:

• Simple Assault: This is the most basic form of the assault charge. This label implies that there were no injuries during the alleged crime. In addition, there may not have been any weapons used in the incident, which consisted solely of the threat of harm.
• Simple Battery: This label is used to cover a variety of incidents where unwanted physical contact occurs. The contact is often forced on the victim. However, the victim does not suffer any significant injuries.
• Aggravated Assault: This charge occurs when a deadly weapon is used as part of a threat or coercive action towards another person, which leads them to believe that significant harm may occur. There are often significant injuries associated with this crime. In 2024 in North Carolina, there were 32,048 aggravated assaults reported. The Asheville Police Department reported a rate of 584 aggravated assaults per 100,000 people.
• Aggravated Battery: When unwanted physical contact between two individuals occurs and involves the use of a deadly weapon, the charges could include the “aggravated” description. This can also occur if the crime is committed against a child, a person with mental disabilities, an elderly individual, or any other person deemed to be part of a vulnerable group.
• Sexual Assault and Battery: Forceful physical contact in a sexual manner is considered sexual assault and battery. Often, these crimes are associated with domestic violence cases. They can even include the use of a deadly weapon.

While these represent the basic charges a person could face, the circumstances of each individual case will determine any additional charges that may be added. Each charge will carry various penalties.

Aggravating and Mitigating Factors in Assault and Battery Cases

Aggravating or mitigating factors that could play a role in charges and potential penalties for assault and battery include:

• The extent of the harm that was caused
• The level of harm that was attempted or threatened
• Whether the victim is considered a protected person, such as a child, woman, or government official
• The tools or objects used in the commission of the crime
• Whether the alleged victim was considered to be in your care or if you had authority over them

Other Assault and Battery Charges

Other assault and battery charges include:

• Assault or battery in the presence of a minor
• Assault or battery by pointing or using a gun
• Assault or battery inflicting severe injury
• Assault or battery with a deadly weapon

While these do not represent all the charges a person could face, they demonstrate the variety and range of potential charges a prosecutor may attempt to use against a suspect.

Penalties for Assault and Battery

Assault and battery charges in North Carolina can be considered misdemeanors or felonies. For individuals without any prior convictions, many less serious misdemeanors, such as simple assault or simple battery, could result in as little as 30 days in jail, fines of up to $1,000, victim restitution, or community service. If a person has a prior conviction or faces subsequent convictions, the penalties could intensify, including an increase in jail time to 60 days.

Misdemeanor-level aggravated or sexual assault and battery is considered a Class A1 or Class 1 offense. A conviction may result in penalties that include up to 150 days in jail, extensive fines, and even supervised probation.

If charged with felony assault or battery, the crime likely involved the use of a deadly weapon. The penalties faced if convicted are determined by whether the jury believes there was intent to kill the victim with the weapon. Penalties could include up to eight years in prison and extensive fines, among other possibilities.

Because the possible penalties for assault and battery depend on so many factors, including the discretion of the judge hearing your case, it is imperative that you hire an assault and battery lawyer to defend you. Your attorney’s job is to make sure the judge and the jury (if applicable in your case) see you as a person with a unique background and unique challenges. Part of that task is assessing the circumstances of your case and choosing a defense that fits the situation.

Common Defenses for Assault and Battery

Choosing the right defense for your assault and battery case can help you avoid long-term penalties that can go beyond prison time or fines. The aim of an assault and battery defense is to explain your actions in a way that shows they were reasonable, given the situation you were in. A trial-tested defense attorney in Asheville may choose to apply any of these commonly used defenses to your case:

• Self-Defense: If you feel that your physical or mental well-being is at risk of being harmed because of an aggressor, you are allowed to defend yourself within reason. “Within reason” means that another reasonable person in the same situation would likely respond in the same way.
• Defense of Others: This can apply if your actions were intentionally taken to help another individual avoid unwanted physical or emotional harm. However, you may not be the aggressor. The defense must be reasonable in that others who are in the same situation would react in the same manner.
• Consent: If the incident between two people was mutual, and both parties agreed to the incident through action or words, there is a high likelihood that you are not the aggressor. You may not be charged with a crime.
• Coercion or Duress: If you can prove you committed the crime because you were coerced or pressured by another individual to do so, you may not be responsible for the charges. To prove this, the defendant must show that a reasonable person in the same situation would respond in a similar way to protect themselves.

In addition to these defenses, an attorney could seek to have the case dismissed. During criminal proceedings, strict rules must be followed concerning the handling of evidence and admissibility. Furthermore, the burden of proof is on the prosecution to show that the defendant is guilty of the charges. Your attorney might be able to demonstrate that there was a lack of evidence or that the prosecution failed to meet the burden of proof.

FAQs

How Much Does It Cost to Hire an Assault and Battery Defense Attorney in Asheville?

The cost to hire an assault and battery defense attorney in the Asheville area can vary widely depending on how complex your case is and how much time an attorney expects to spend working on it. Individual lawyers also set their own rates and fee structures. Most attorneys require an initial fee, called a retainer, to begin working for you. The lawyer’s actual hours are billed against this lump sum fee.

Where Are Assault and Battery Hearings Held for Asheville Residents?

In North Carolina, felony assaults and misdemeanor assaults are handled at different levels of the judicial system. Felony cases are usually heard in the North Carolina Superior Court, while misdemeanor cases are typically handled at the North Carolina District Court level. If a misdemeanor assault occurred in Asheville, the hearing would most likely happen at the Buncombe County Courthouse, located at 60 Court Plaza.

Does an Assault or Battery Conviction Always Mean Jail Time?

No, in North Carolina, an assault or battery conviction does not always mean jail time. Misdemeanor charges can carry short jail sentences, but they are not mandatory, and a judge can decide to impose a different sentence if they see fit. For example, a person convicted of misdemeanor assault may get a fine and community service instead of a stint in jail.

What If the Police Mishandled Something in My Case?

Although the vast majority of law enforcement officers strive to perform their duties honorably and with strict adherence to the rules, officers sometimes mishandle evidence or fail to follow proper procedure, whether through carelessness, negligence, or possibly even bias. If that happens, your attorney may be able to file a motion to drop the charges against you. This is another reason why it is a good idea to enlist competent legal advice as soon as possible.

Hire an Assault and Battery Lawyer

Facing criminal charges in Asheville of any kind can be difficult and confusing, often leaving you with more questions than answers. If you have been charged with assault and battery, you should have an attorney on your side who has the answers to guide you in the right direction.

At Edwards Law, PLLC, we are the team you need. We know every case is different, and we take the time to understand yours so we can build the right defense. Contact our offices today.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“My experience working with Mr. Edwards was beyond amazing! I am so thrilled with the results of my case and am so grateful for all of the incredible hard work that he put in. I was always kept in the loop about my case and was given great advice on ways to improve my situation. I cannot recommend Mr. Edwards enough!”

— Rose Crow

⭐⭐⭐⭐⭐

“Doug is a great attorney. The communication he has with his clients is unmatchable. There were times he called letting me know he was diligently working for me which was not just in the courtroom. If you have a case that needs prompt, professional service contact Doug he is very straightforward. Thank you Doug!”

— Danny Rickman

We encourage you to read our Google Reviews and third-party ratings. Our strong reputation reflects our commitment to personalized service and real results for every client.

Asheville, NC Assault & Battery Resources

If you or a loved one has been charged with assault and battery in Asheville or Buncombe County, NC, the following resources can help you understand your situation and your legal options.

• North Carolina Domestic Violence Laws – What You Need to Know

Asheville, NC Assault & Battery Legal Resources

If you were charged with assault and battery in Asheville or Buncombe County, the following local and state legal resources apply to your case. Our office is located at 38 Arlington Street, Asheville, NC 28801, just minutes from the Buncombe County Courthouse.

• Buncombe County Courthouse – Asheville, NC
• Buncombe County Sheriff’s Office
• Asheville Police Department