This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.

Charged with assault and battery in Concord? Our Cabarrus County defense team knows these courts. Call The Olsinski Law Firm at (704) 918-4747 now.

A single accusation of assault and battery can put your job, your record, and your freedom at risk in a matter of days. If you were arrested in Concord or anywhere in Cabarrus County, you need a defense team that knows these courts and moves fast to protect you. Call our Concord assault and battery lawyer at The Olsinski Law Firm today at (704) 918-4747 for a free case evaluation.

The Olsinski Law Firm helps you fight back when the stakes feel impossibly high. From our Concord office, we build a defense designed to challenge the evidence, protect your rights, and pursue the best possible outcome for your future.

Why Choose The Olsinski Law Firm for Your Concord Assault & Battery Case?

When your freedom is on the line, experience inside the local courthouse matters more than a flashy promise, and that is exactly what The Olsinski Law Firm brings to every assault and battery case we handle in Cabarrus County. 

Our criminal defense attorneys have earned recognitions including Top 100 Trial Lawyers and Top 40 Under 40, and we have secured dismissals and favorable results for clients facing serious charges across North Carolina. We know how Concord prosecutors and judges approach these cases, so we can spot weaknesses in the state's evidence that an out-of-town firm might miss. 

Backed by more than 300 five-star client reviews, our team treats you like a person worth fighting for, not a case number to process.

What Is Assault and Battery in North Carolina?

Assault and battery are two related crimes that are often charged together, and understanding the difference is the first step toward a strong defense. Under North Carolina law, assault is an attempt or threat to cause harmful contact that makes another person reasonably fear an immediate attack. At the same time, the battery is the actual unlawful physical contact itself. 

Because these offenses carry real jail time and a permanent record, calling The Olsinski Law Firm at (704) 918-4747 early can change the direction of your case.

The Difference Between Assault and Battery

The simplest way to see the difference is that assault is the threat, and battery is the touch. Raising a fist and threatening to hit someone can be an assault, even if no contact ever happens. 

When that threat turns into an actual strike, shove, or unwanted physical contact, the conduct becomes battery, and prosecutors treat that added contact seriously.

Can You Be Charged With Both Crimes?

Yes, you can be charged with both assault and battery from a single incident, which is why North Carolina statutes commonly refer to the combined offense of "assault and battery." If you threaten someone and then follow through with physical contact, the state can pursue both elements together.

If you are facing criminal charges, our experienced defense team is ready to fight for your rights.

What Types of Assault and Battery Charges Can You Face?

North Carolina groups assault offenses by how serious the alleged conduct was and who was involved, and the label attached to your charge shapes the penalties you face. Below are the common charges we defend for clients across Concord and Cabarrus County.

Simple Assault

Simple assault, simple battery, or a simple affray is the least severe category and is charged as a Class 2 misdemeanor under N.C. Gen. Stat. § 14-33. It usually involves minor threats or contact with no serious injury, though a conviction still leaves a mark on your record that we work hard to prevent.

Assault on a Female

Assault on a female applies when a male at least 18 years old assaults a female, and it is treated as a more serious Class A1 misdemeanor. This charge carries heavier penalties than simple assault, even when the alleged contact seems minor, so having our defense team review the accusation quickly is important.

Assault Inflicting Serious Injury

When an assault causes serious injury to another person, the offense is elevated to a Class A1 misdemeanor, which brings a longer possible jail term. Prosecutors often rely on medical records to prove injury, and we know how to question whether that evidence truly supports the charge they filed.

Assault With a Deadly Weapon

Using a deadly weapon can push a charge into felony territory, and the penalties climb sharply. Under N.C. Gen. Stat. § 14-32, assault with a deadly weapon inflicting serious injury is a Class E felony, and adding intent to kill and serious injury raises it to a Class C felony. A felony conviction can reshape your life, so we mount an aggressive defense from day one.

Assault by Strangulation

Assault by strangulation is a felony that reflects how seriously North Carolina treats these accusations. Under N.C. Gen. Stat. § 14-32.4, inflicting physical injury by strangulation is a Class H felony, while assault inflicting serious bodily injury is a Class F felony. Cases like these demand careful review of the alleged injuries, and our attorneys are ready to provide it.

Is Assault and Battery a Misdemeanor or a Felony in North Carolina?

Assault and battery can be either a misdemeanor or a felony in North Carolina, depending on the facts. Simple assault and battery is a Class 2 misdemeanor, and it rises to a Class A1 misdemeanor when there is serious injury, a deadly weapon, or a male assaulting a female. 

It becomes a felony when a deadly weapon causes serious injury or when strangulation is involved.

What Are the Penalties for Assault and Battery in Concord?

Penalties depend on the class of the charge, and they range from short jail terms to years in prison, which is why calling The Olsinski Law Firm at (704) 918-4747 as soon as possible protects you. 

Misdemeanor charges fall under N.C. Gen. Stat. § 14-33, while felony assaults with a deadly weapon are punished under N.C. Gen. Stat. § 14-32.

Jail and Prison Sentences

A Class 2 misdemeanor can carry up to 60 days, and Class 1 and Class A1 misdemeanors carry up to 120 and 150 days, respectively. Felony charges are far higher, with a Class C felony under § 14-32 carrying the possibility of years in prison, so the difference in your charge class truly matters.

Fines and Court Costs

Beyond any jail sentence, a conviction can bring fines and court costs that add real financial pressure on top of everything else. A Class 2 misdemeanor carries a maximum fine of $1,000, and higher charge classes can result in larger financial penalties imposed by the judge. We work to reduce or eliminate these consequences wherever the facts allow.

Probation and Community Service

Many assault cases resolve with probation, community service, or other conditions rather than active jail time, especially for first-time defendants. Probation still carries strict rules, and a violation can send you back before the judge. Our team negotiates for terms that let you keep working and moving forward with your life.

Facing Charges? Minimize the Damage
Olsinski Injury, Family & Criminal Lawyers know how to minimize damage and maximize your options.

What Happens After an Arrest for Assault and Battery?

Knowing what comes next can ease some of the fear that follows an arrest, and our attorneys guide you through each stage. 

The criminal process generally moves through the following steps:

  1. Arrest and Booking: Officers take you into custody, record your information, and process the charge against you.
  2. Bond Hearings: A judge or magistrate sets the conditions and amount required for your release while your case is pending.
  3. Arraignment and Court Appearances: You are formally told the charges and enter a plea, followed by scheduled court dates.
  4. Plea Negotiations: Your attorney and the prosecutor discuss whether the charge can be reduced or resolved without a trial.
  5. Trial: If no fair resolution is reached, both sides present evidence, and a judge or jury decides the outcome.

What Evidence Do Prosecutors Use in Assault Cases?

Prosecutors build assault cases from several sources, and each one can be challenged when our team examines it closely. 

The state often relies on the following types of evidence:

  • Witness Statements: Accounts from people who claim to have seen or heard the incident, which can be inconsistent or biased.
  • Surveillance and Body Camera Footage: Video from businesses, homes, or police officers that may or may not show the full story.
  • Medical Records: Documentation of injuries used to prove harm, which we review to confirm what it actually establishes.
  • Text Messages and Social Media Posts: Digital communications that prosecutors use to suggest intent or motive.
  • Physical Evidence: Objects, photographs, or other items tied to the alleged assault and its location.

What Defenses Can Be Raised Against Assault and Battery Charges?

A strong defense often turns on the specific facts of your case, and our attorneys explore every angle available to you. 

Common defenses in assault and battery cases include the following:

  • Self-Defense: You reasonably believed force was necessary to protect yourself from an immediate threat of harm.
  • Defense of Others: You acted to protect another person who faced an imminent danger of being hurt.
  • False Allegations: The accusation is untrue, exaggerated, or motivated by anger, jealousy, or a custody dispute.
  • Lack of Intent: The contact was accidental, and you never intended to threaten or harm anyone.
  • Mistaken Identity: You were wrongly identified as the person responsible for the alleged assault.

Can Assault and Battery Charges Be Reduced or Dismissed?

Yes, assault and battery charges can be reduced or dismissed in many situations

When the evidence is weak, a witness is unreliable, or your rights were violated during the arrest, our attorneys push for a dismissal or a reduced charge. Early legal help gives us the best chance to protect your record.

How Can Our Concord Assault & Battery Lawyer Help?

At The Olsinski Law Firm, our approach is hands-on and built around the details of your case, because small facts often decide big outcomes. 

Here is how our Concord assault and battery lawyer works to defend you:

Investigating the Allegations

Our team digs into what actually happened, gathering witnesses, footage, and records that the police report may have overlooked. A thorough investigation frequently uncovers facts that shift the case in your favor.

Challenging the State's Evidence

We examine every piece of the prosecution's evidence for weaknesses, from questionable witness accounts to gaps in medical proof. When the state cannot back up its claims, its case begins to fall apart.

Negotiating With Prosecutors

Because we know how Cabarrus County prosecutors work, we negotiate from a position of strength to seek reduced or dismissed charges. Skilled negotiation can spare you the cost and stress of a trial.

Building a Strong Defense Strategy

Every client receives a defense strategy tailored to their situation, whether that means a plea, a reduction, or a fight in the courtroom. We prepare each case as if it will go to trial, so you are always ready.

Contact Our Concord Assault & Battery Lawyer for a Free Consultation

An assault and battery charge does not have to define your future, and you do not have to face it alone. The team at The Olsinski Law Firm is ready to stand beside you, protect your rights, and fight for the best possible result in Concord and throughout Cabarrus County. 

Call our Concord assault and battery lawyer today at (704) 918-4747 for a free case evaluation, and let us start building your defense right now. Your future is worth protecting, and we are ready to help.

Justin C. Olsinski, ESQ
Personal Injury, Family Law, & Criminal Defense Lawyer

Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges. 

Recognized as a Top 40 under 40 Attorney by the National Trial Lawyers and the American Society of Legal Advocates, and a Super Lawyer for several years, he now specializes in serious felony cases in State and Federal Court across North Carolina. He earned his Bachelor of Arts in Criminal Justice and History from Indiana University-Bloomington and graduated in the top half of his class from Hofstra University School of Law, where he focused on criminal defense. He continues to refine his trial advocacy skills.
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Charlotte Office:
1355 Greenwood Cliff Suite 300, Charlotte, NC 28204,
Concord Office:
67 Cabarrus Ave W, 
Concord, NC 28025

Why Choose Olsinski Injury, Family & Criminal Lawyers?

Local and Experienced Lawyers
With years of experience serving the Charlotte-Concord area, our attorneys are deeply familiar with the local legal landscape. We understand the specific challenges North Carolina residents face, and we use our local knowledge to advocate for you effectively.
Comprehensive Legal Expertise
Whether you’ve been involved in a car accident, need help with a family law matter, or are facing criminal charges, our attorneys are well-versed in a broad range of legal fields. We offer experienced representation in personal injury, family law, criminal cases, and DWI matters.
Caring Legal Support Through Difficult Times
We know how stressful and overwhelming it can be to face legal issues, whether it’s a personal injury, family dispute, or criminal charge. Our compassionate team is here to guide you through the process with care and empathy, ensuring you feel supported every step of the way.
Accessible and Responsive
At Olsinski Law, we believe in keeping open lines of communication. Our clients can count on us for timely updates, quick responses to questions, and the assurance that their case is being handled with the utmost care and attention.
Personalized Attention for Your Case
Every client’s situation is unique, and we take the time to understand your specific needs. Our legal strategies are customized to ensure that we pursue the best possible outcome for you.
A Proven Record of Success
We have a history of achieving favorable outcomes for our clients, whether through negotiation or litigation. Our proven track record in the Charlotte-Concord area speaks to our commitment to getting the results you deserve.
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