Assault With Physical Injury In North Carolina
Description
Form popularity
FAQ
An assault may include one or more types of harm, such as pushing, shoving, slapping, punching, or kicking. It may also include the use of weapons like knives, sticks, bottles, or bats. Common injuries from an assault include bruises, black eyes, cuts, scratches, and broken bones.
The prosecution must prove beyond a reasonable doubt each of these 3 elements: Intent to cause harm or fear. Fear or apprehension of imminent harm. Actual or attempted physical contact.
Twenty-six per cent of victims sustained at least one fracture and nasal fractures were the most frequently observed skeletal injuries (27%) followed by zygomatic fractures (22%) and mandibular body (12%), angle (12%) and condyle (9%) fractures. Seventeen per cent of victims required hospital admission.
Medical dictionaries define assault as a crime or attempting to cause immediate offensive physical contact or bodily harm that someone has the actual ability to cause and put the victim in fear of such harm or contact (7).
An assault may include one or more types of harm, such as pushing, shoving, slapping, punching, or kicking. It may also include the use of weapons like knives, sticks, bottles, or bats. Common injuries from an assault include bruises, black eyes, cuts, scratches, and broken bones.
The crime of assault inflicting serious bodily injury is a Class F felony punishable by a maximum period of incarceration of 59 months in a North Carolina state penitentiary. It is a very serious felony allegation in NC that can carry substantial legal consequences including restitution to the victim.
A few of the most common types of assault experienced are verbal, simple, aggravated, and sexual.
It is up to the jury to determine whether punitive damages should be awarded -- and if so, in what amount. The jury will consider the nature of the defendant's act, the harm that the defendant caused or intended to cause, and the amount that would be necessary to punish the defendant relative to his or her wealth.
The intent is what allows you to consider it an assault claim. Essentially, a civil assault consists of any intentional, violent action that causes you to feel apprehension and physical harm. You do not even need to be fully struck for it to be considered a civil assault.
