What Happens When You’re Charged with Assault for the First Time?



Assault can be an act or even a threat that makes someone reasonably fear imminent harm. Simple assault might involve minor physical contact or just an attempt that never lands. More serious assault charges might include use of a weapon or result in visible injuries. Penalties escalate as severity increases.


If the police have probable cause—such as a complaint backed by witness statements or visible injuries—they can make an arrest. In other cases, they may issue a warrant and expect you to turn yourself in. An arrest leads to booking and potentially a bail hearing and conditions of pretrial release.


Many first-time offenders are eligible for bail, assuming the crime isn’t extremely violent or subject to the Pretrial Integrity Act in North Carolina. Judges consider factors like your ties to the community, employment status, and past record (or lack thereof). If granted bail, you may pay cash, use a bondsman, or receive a written promise to appear.

While it’s not mandatory, having legal guidance is often beneficial. Even if you have no record, assault charges and allegations of domestic violence can lead to fines, probation, or even jail time depending on the details. A lawyer can explain your rights, assess the evidence, and advise on whether to fight the charges or seek a plea agreement.


It’s possible. Prosecutors might agree to reduce charges if the evidence is weak or if you show genuine remorse. Diversion programs, anger management classes, or restitution agreements can sometimes resolve the matter without a criminal conviction. Each case is different. The lack of a prior criminal record does not automatically entitle you to a dismissal. Similarly, eligibility for deferral and conditional discharge programs is fact specific and not guaranteed. To discuss the unique aspects of your criminal matter in Raleigh, we think it’s a good idea to immediately seek the advice of a defense attorney. Lawyer Up!

Yes. A conviction results in a permanent record, potentially affecting job opportunities, housing, and more. Some minor assault convictions can be expunged after a waiting period in some circumstances, but you’ll need to meet certain conditions. Expunction of charges is neither automatic nor eligible in every circumstance. If you have questions about the specifics of your legal matter, Raleigh defense lawyer John Fanney is available for consultation.


Self-defense is a recognized defense in North Carolina if you reasonably believed you were in imminent danger and responded proportionally. Evidence like witness testimony or injuries consistent with defensive actions may support this claim. It’s a relatively complicated legal issue in North Carolina. Self-defense might lead to dismissal in appropriate circumstances. That’s one reason it’s advisable to consult with an experienced attorney to discuss your legal rights and options.

It varies. Straightforward assault charges in Raleigh with plea deals can resolve within a few months. More complex matters or cases that go to trial can take many months or more. Patience, cooperation with your attorney, and timely attendance at all court dates help keep the process moving smoothly.


Participating in counseling, anger management, or community programs can in some circumstances show a proactive effort to address underlying issues that led to the incident. While not guaranteed, such efforts could influence the prosecutor’s or judge’s perception, potentially leading to a favorable outcome. At the same time, completion of a substance abuse program or anger management does not guarantee a dismissal of charges or eligibility for a conditional discharge or deferred prosecution.


If convicted, you’ll receive a sentence that could include fines, probation, community service, or jail. Maintaining a law-abiding life afterward helps rebuild your reputation and future opportunities.