Skip to main content

How much time is served for Assault and Battery?

28345 |

I don't know the whole story, but my boyfriend was taken into jail for assault and battery on two other guys. His uncle bailed him out of jail after a week and he went back to court to find his punishment. the two guys were in the hospital from injury, and this is his first offence. how long is he looking at? and can he get out of jail in other ways in a case like this? this is in North Carolina. Ps. He is below 18.

Attorney Answers 2


  1. How much time he can get and how much time he does get are completely different things and depend on too many things that are either not stated in your question or may not be known yet to answer. If he is under 18 and a minor, he will be tried in juvenile court unless the charges against him are either eligible to be filed directly in adult court due to his age and the seriousness of the charges or because he is waived or transferred to adult court on these charges. Even then, he may have a self defense claim or other defense(es) that result in his being found not guilty. He should discuss all this with a local, experienced, defense attorney who can guide him through the court process on these charges.


  2. The answer to your question will depend on the type of assault with which he's been charged. If it's a Simple Assault, that's a class 2 misdemeanor, and if he's got no prior record, then he's not eligible for any active time upon conviction (however, if he violated probation, he might serve up to 45 days.) Assuming two victims,

    However, I doubt he's been charged with simple assault given that he spent a week in jail and there was an injury that put the two guys in the hospital. There are a wide range of possible charges, from Assault Inflicting Serious Injury (a class A1 misdemeanor) to Assault With a Deadly Weapon Inflicting Serious Injury with Intent to Kill which is a Class C Felony.

    You'll need to figure out the charge - which isn't hard, simply visit www.nccourts.org and enter the person's last name in the Criminal Defendant search box for the county in question - in order for a lawyer to provide you with a more concrete answer to your question.

    <a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed lawyer in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics