Facing a First-Time Assault Charge Witnessed by Police
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 21, 2026
Legal Inquiry
Consumer Legal Issue
Me and my girlfriend had got into an argument in her car so I called an uber and walked away as I was walking I forgot my phone and my Waltet in her car so I walked back and she wouldn’t give it back and I just slapped her in the face and I did it in front of police.
I don’t have nothing on my record I never been in trouble. This my first time going to court. My record is clean this is my first time ever getting into something like this.
Attorney Answer
Because the person you slapped is a woman, North Carolina law is likely to charge this as the elevated "assault on a female" offense rather than ordinary simple assault, carrying a materially higher penalty.
Under North Carolina General Statutes § 14-33, assault on a female committed by a male at least 18 years old is a Class A1 misdemeanor under G.S. 14-33(c)(2) — a more serious offense class than ordinary simple assault, which is only a Class 2 misdemeanor.
A clean record is a factor courts often weigh at sentencing, but it is not a guarantee of dismissal or a lighter charge as a matter of law — that remains within the prosecutor's and judge's discretion.
What you can do:
1. Retain a criminal defense attorney before your next court date — the elevated charge, combined with the fact police personally witnessed the incident, strengthens the prosecution's case and raises the stakes of appearing without counsel.
2. Gather any documentation relevant to the argument (messages, timeline) to give your attorney full context.
3. Prepare for the possibility that your girlfriend separately seeks a domestic violence protective order — a foreseeable related consequence worth planning for.
4. Avoid contacting her directly about the case; route communication through your attorney.
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Courts & Legal Aid in North Carolina
- File or look up a case through the North Carolina Judicial Branch, which serves the state.
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Frequently Asked Questions
Why might an assault charge be more serious when the alleged victim is female?
Some states have a specific elevated offense for assault committed by a man against a woman, carrying a higher penalty than ordinary simple assault.
Does having a clean record guarantee a lighter outcome in a criminal case?
No — a clean record is often a factor considered at sentencing, but it does not guarantee dismissal or a reduced charge, which remains within the court's discretion.
Could a protective order be filed in addition to criminal charges?
Yes — a protective order proceeding is a separate, foreseeable possibility that can run alongside criminal charges arising from the same incident.
