Expert: William A Saunders - 11/19/2007

Question
Hi there, Mr. Saunders:

    First of all, thanks so much in advance for your time . . . .

    I am a novelist who is just doing a bit of research to make the details of a character's trial as realistic as possible.  Said trial is only mentioned in passing, as background info, but of course it's still very important that I try to get this right . . . .

    I was wondering if you could tell me what the *maximum* sentence would be (in the state of NC, if possible) in the following scenario:  One character, in
a fit of rage, attacked another.  Both men are unarmed, but one is much, much bigger than the other, and until the attacker is pulled off of the smaller man by a security guard, he had his hands around the victim's throat.

    If possible, I would like to know:   A) if this would be aggravated assault instead of simple assault (the victim suffered no more than a few bruises, though he *was* choked for several seconds), and if so what the *maximum* sentence for that crime would be *if the attacker had no prior record*, as well as   B) what it could be pled down to if the attacker pled guilty, and what that charge/sentence would be if he was able to plead to a lesser offense . . . ?


    I hope this all makes sense.  Again:  Thank you so very, very much for your time, sir!  I really appreciate it!


    J.N.

    http://www.james-newman.com


Answer
Hello,

Given that both men were unarmed, this would likely be classified as aggravated assault, a Class A1 misdemeanor.  

You may view this web site for specific information on penalty.  Scroll down to the bottom and look at the chart.

Good luck on your novel.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1...