Simple Assault and Simple Affray
In North Carolina, there are essentially three different misdemeanor assault and battery types of crimes, all of which showcase a varying degree of violence and circumstance. Nonetheless, being convicted of simple assault and simple affray can have significant longterm consequences, such as the creation of a criminal record.
If charged with assault or affray, contact Raleigh criminal defense attorney Dewey P. Brinkley for a relentless defense in court as well as competent representation when speaking with prosecutors and judges. Call our firm today at 919-832-0307, and in the meantime, you can learn more about simple assault and affray below.
Different Types of Assault in North Carolina
The three types of misdemeanor assault and battery include:
- Simple assault and battery, which involves physically injuring another person
- Attempt to commit assault and battery, which is a show of force indicating that assault is imminent
- Affray, which is a fight between two people in a public place, likely to frighten others
In most cases, simple affray is a case where the fight between two people could easily escalate into a larger, more serious altercation.
As such, an argument at a bar that led to a fist fight can be considered a simple affray, as friends from both sides of the fight could join in and escalate the situation to a fully fledged brawl. Law officers will use this charge to keep the peace while reducing the potential for a riot, though the law doesn’t take consider whether or not a serious fight or brawl occurred, just that it could have considered.
Punishment for Simple Assault and Simple Affray
Unless there are more serious factors in the assault or affray, such as the presence and/or threat of deadly weapons, domestic violence, and serious injury, for example, most simple assault and simple affray cases in North Carolina are categorized as a Class 2 misdemeanor.
If you have no previous convictions, being convicted of a Class 2 could involve a jail sentence of up to 30 days and a possible fine of no more than $1,000. It is important to note that this lesser charge means that the victim only suffered minor injuries, which didn’t require a doctor’s attention.
Contact Criminal Defense Attorney Dewey P. Brinkley Today
Simple assault and/or affray cases can be quite complicated, especially if you were charged even though you weren’t the one who started the altercation. Also, you could have been fighting out of self-defense, yet still charged with this crime. Due to the wide array of circumstances, combined the potential punishment of a misdemeanor, it is essential to acquire a Raleigh criminal defense lawyer as soon as possible.