Simple Assault Charges

If anyone is in immediate danger or needs emergency medical assistance, call 911.

No.

North Carolina classifies simple assault, simple assault and battery, and simple affray under N.C.G.S. § 14-33(a) as Class 2 misdemeanors, but the release method depends on the actual case and current court order.

A person may:

• Receive a criminal summons rather than be taken into custody
• Be arrested and released on a written promise
• Receive an unsecured bond
• Be released to a custodian
• Receive a secured bond
• Require judge-set conditions when domestic-violence procedures apply
• Remain in custody because of another charge, warrant, hold, or release condition

A commercial bondsman generally becomes relevant only when an eligible secured bond has been set.

• Defendant's full legal name
• Date of birth
• Court file or case number, if available
• Booking or inmate number, if available
• Exact wording of every listed charge
• Whether the record says simple assault, assault and battery, or simple affray
• Misdemeanor class shown
• Current custody location
• Bond amount attached to every charge
• Bond type or release condition attached to every charge
• Whether judge review is required
• Whether the alleged victim has a domestic relationship with the defendant
• No-contact or stay-away conditions
• Other warrants, counties, probation matters, or holds
• Caller and potential cosigner information

Copy every charge and bond entry exactly rather than summarizing it from memory. Incomplete information should not stop you from calling.

Therefore, a simple-assault charge by itself should not be treated as a Class A-through-G violent felony under that definition.

• Another charge on the same record may qualify as a violent offense
• A felony assault may follow different release procedures
• The release order may contain findings based on another offense
• The exact charge and operative release order must be checked

N.C.G.S. § 15A-534.1 — Domestic Violence Release

• In covered domestic-violence cases, a judge determines conditions of pretrial release
• The judge considers the required criminal-history information
• The judge may impose stay-away, no-assault, property, child-contact, alcohol-monitoring, secured-bond, and other authorized conditions
• The defendant may be held for no more than 48 hours without a judge making the determination
• If a judge has not acted within that period, a magistrate must act under the statute

A bondsman cannot set the conditions, bypass judge review, or change a no-contact order.

This page may not be the right guide when the record says:

If the record lists Assault on a Female or Assault on a Law Enforcement Officer, those charges have their own dedicated guides. The identity or official status of the alleged victim can create a different Class A1 or felony charge. Each label can involve different classifications and release procedures. Visit the main assault charge and bond information guide for the complete overview.

Verify Every Charge Before Paying or Signing

Each line may have a separate release condition. Posting one secured bond may not produce release when another charge, no-release entry, judge-review requirement, or outside hold remains unresolved.

• Only the court can modify the order
• Consent from the alleged victim does not automatically change the condition
• Release-condition violations can lead to arrest or revocation
• Questions about modification belong with the defendant's attorney

• Not every simple-assault case requires a secured bond
• A written promise or unsecured bond generally does not require a commercial premium
• Payment plans do not change the court-ordered bond amount
• Approval depends on the actual bond and case information
• Collateral is not automatically required for every simple-assault bond

• Confirm the defendant's full legal name
• Copy every charge exactly
• Determine whether the person is actually in custody
• Record every bond type and amount
• Look for judge-review or no-release entries
• Determine whether a domestic relationship may be involved
• Check for no-contact or stay-away conditions
• Identify additional warrants, cases, or holds
• Avoid discussing alleged facts publicly or on social media
• Do not contact the alleged victim for the defendant
• Contact a criminal defense attorney about the charge
• Contact a licensed bondsman only when an eligible secured bond needs to be posted
• Prepare identification and cosigner information when a secured bond exists

• Read every release condition
• Confirm the next court date through an official source
• Follow all no-contact and stay-away requirements
• Do not communicate indirectly through friends, family, or social media
• Follow travel, residence, firearm, alcohol, and monitoring restrictions
• Keep address and telephone information current
• Stay in contact with the attorney
• Notify the bondsman of contact or court-date changes
• Do not assume a condition has changed without a new court order
• Attend every required court appearance