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Simple Assault in North Carolina - Process and Involvement of Complainant

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  • 07-05-2012, 10:02 AM
    sd2sp
    Simple Assault in North Carolina - Process and Involvement of Complainant
    My question involves criminal law for the state of: NC

    Neighbor fired a bebe gun at me. He has a prior record of several minor offenses in the state of MD. Has served jail time up there; not sure if he's still on probation. No charges/convictions that I can find since he's been in NC. I would like to file a statement with the Magistrate but am concerned about my level of involvement and the possible outcomes will be. I am pretty sure he will be arrested, but then what? I looked up the penalties and they range depending on what level of misdemeanor the person is charged with. Can anyone describe the process? I don't want this to turn into the Hatfields and McCoy's; this person seems relatively unstable (34 years old and firing bebe guns at people?!).
  • 07-05-2012, 10:12 AM
    Disagreeable
    Re: Simple Assault in North Carolina - Process and Involvement of Complainant
    You should have called the police and reported it. I suggest you do so. This is a fish or cut bait situation. You can't have both.
  • 07-05-2012, 10:17 AM
    STATcom
    Re: Simple Assault in North Carolina - Process and Involvement of Complainant
    That's the double-edged sword of the justice system. There's always the possibility that a defendant can flip out and come after a victim after they finish their sentence. For any misdemeanor offense in NC or any state, the potential jail time will never exceed a year. Otherwise it wouldn't be a misdemeanor anymore. They can also get probation, but the only way to extend a misdemeanor sentence to more than a year is if it becomes a felony.

    Even assuming the judge in your neighbor's case considers his past offenses and increases his sentence, it likely still wouldn't exceed five years. If he's really unstable, I'd seek a restraining order instead of a strictly just seek to put him in jail. That'd way, if he comes close to you, you can always call the police and jail him right away.
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