Think twice before throwing a drink at someone. The law could charge you with assault. While it’s a misdemeanor, the crime comes in different classifications with corresponding punishments.
Assault in a Nutshell
North Carolina law considers domestic violence, assault involving a deadly weapon, sexual battery, and incidents involving serious injuries as Class A1 and Class 1 misdemeanors. A charge of this kind can put offenders in jail for up to 150 days. A judge can also impose a fine.
Meanwhile, Class 2 misdemeanor or simple assaults are physical attacks that end in minor injuries. If the defendant has no prior convictions, the simple assault charge will result in probation and 30 days in jail. If the individual has prior convictions, however, his or her sentence will go from 30 days to 60 days in jail. In addition, the judge can impose a fine of up to $1,000.
Misdemeanors are bailable offenses. If, for example, the Wilmington court charges you with a Class A1 offense, you could seek bail bond in Wilmington, NC.
Soda Throwing Incident Sends Gastonia Man to Jail
After 54-year-old Gary Anthony Phillips was accused of throwing soda on a man and three children (ages 4, 6, and 8, respectively), he was charged with a count of simple assault and three counts of assault of a child.
Police reports did not indicate what prompted the incident, but Phillips is currently on a $10,000 bond.
In North Carolina, something as simple as throwing your drinks or raising your fist at someone can count as assault. When you act in the heat of the moment, the law may take it as an act of aggression. As long as the prosecution can prove you had the intention of hurting or maiming another person, you could land in jail.
While assault is a bailable offense, it’s a good idea to control your temper and avoid a legal problem altogether.