North Carolina General Statute 14-33(c)(2), Assault On A Female is defined as an assault by a male, over the age of 18 years of age and commits an unwanted touching on a female. This crime can ONLY be committed by a male against a female.
This crime is punished as a Class A1 Misdemeanor, the highest level of Misdemeanor (punishable by up to 150 days incarceration). If a female assaults a male under the same circumstances, she will be charged with Simple Assault. This crime is punished as a Class 2 Misdemeanor, two levels below A1 (punishable by up to 60 days incarceration).
Is this different treatment under the law constitutional? Yes, N.C. courts have determined that this different treatment is not a violation of the Equal Protection Clause of the 14th Amendment.
Another ramification of this charge, beyond the possible jail time, is the stigma associated with the description. If you are convicted with this charge, a background check will show “Assault On A Female.” The natural assumption of a reader of the background check will make the leap to domestic violence, a group that is universally reviled.
If you have been charged with Assault On a Female, you have been charged with the
highest level of Misdemeanor. Don’t go to court without someone to argue your side, talk to an
experienced defense attorney who can explain your options for fighting the charge.