Assault Laws in North Carolina

Simple assault (including simple assault and battery, or taking part in a simple affray) is a Class 2 misdemeanor, punishable by up to 60 days in jail depending on prior convictions and a fine up to $1,000. Assault becomes a Class A1 misdemeanor (up to 150 days) when the attacker inflicts serious injury or uses a deadly weapon, or when the victim is a female assaulted by a male at least 18, a pregnant woman, a child under 12, a government officer or employee, a school employee or volunteer, a transit operator, or certain other listed workers on duty. Assault becomes a felony when it involves serious bodily injury (Class F), a deadly weapon plus serious injury (Class E), a deadly weapon with intent to kill (Class E), or a deadly weapon with intent to kill that inflicts serious injury (Class C). Felony sentences are set by the class and the person's prior record under the state's structured sentencing chart.

North Carolina's rule on court-appointed lawyers: An indigent person is entitled to appointed counsel in any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged (§ 7A-451(a)(1)). The court — including the clerk of superior court — determines indigency, and counsel is appointed in accordance with rules adopted by the Office of Indigent Defense Services (§ 7A-452). In each trial-level criminal case where counsel is appointed, the judge orders an appointment fee of seventy-five dollars ($75.00), but no fee is due unless the person is convicted; the fee may not be remitted or revoked by the court, and inability, failure, or refusal to pay it shall not be grounds for denying appointment of counsel, withdrawal of counsel, or contempt (§ 7A-455.1). N.C. Gen. Stat. §§ 7A-451, 7A-452, 7A-455.1

Lawyers set their own fees, and North Carolina has rules on how they may charge. See hiring a criminal defense lawyer in North Carolina for fee rules, how to check a lawyer's license and free help.

How release before trial works in North Carolina: A judicial official (judge, clerk or magistrate) sets conditions of pretrial release, imposing at least one of: an unsecured appearance bond; custody of a designated person or organization agreeing to supervise the defendant; a secured appearance bond; or house arrest with electronic monitoring (which requires a secured bond). Release on a written promise to appear was repealed by Session Laws 2025-93. For defendants not charged with a violent offense, the official must impose an unsecured bond or custody release unless that will not reasonably assure appearance, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury or intimidation of witnesses — in which case a secured bond or house arrest is imposed and the reasons recorded in writing. A defendant with three or more qualifying convictions in the previous 10 years must receive a secured bond or house arrest. For violent offenses there is a rebuttable presumption that no condition will reasonably assure appearance and safety. The official must review the criminal history and consider the nature and circumstances of the offense, the weight of the evidence, and the defendant's family ties, employment, financial resources, character, housing situation and mental condition, among other factors. Written reasons follow policies issued by the senior resident superior court judge (G.S. 15A-535(a)). N.C. Gen. Stat. § 15A-534 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See North Carolina expungement and record sealing rules.