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In North Carolina, what are the sentencing guidelines for a misdemeanor simple assault...

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trw | eNotes Newbie

Posted July 29, 2008 at 11:51 AM via web

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In North Carolina, what are the sentencing guidelines for a misdemeanor simple assault (first offense; mother against 17-year-old daughter)?

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urthona | (Level 1) Assistant Educator

Posted July 29, 2008 at 10:01 PM (Answer #1)

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In North Carolina, a simple assault is a Class 2 misdemeanor [NC General Statutes 14.33(c)]. Like most other Class 2 misdemeanors, simple assault has a maximum sentence of 60 days [NCGS 15A-1340.23(c)], depending on the defendant's criminal past:

  • No prior convictions: 1-30 days
  • One to four prior convictions: 1-45 days
  • Five or more prior convictions: 1-60 days

A judge can also impose a maximum fine of $1,000 [NCGS 15A-1340.23(b)].

A 2004 study showed that less than 25% of defendants convicted of Class 2 misdemeanors in North Carolina served jail time.

The assault charge would have been elevated to a Class 1A misdemeanor if a male had assaulted the 17-year-old female [NCGS 14.33(c)(2)] or if the mother had inflicted serious injury or used a deadly weapon on her daughter in the presence of a minor [NCGS 14.33(d)].

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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jbrenw | Student, Grade 9 | (Level 1) Honors

Posted September 29, 2011 at 2:50 AM (Answer #2)

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In North Carolina for a misdimeanor it will be between 1-60 days and sometimes a fine.

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