North Carolina criminal law has a charge called "Assault on a Female." But what is it? Simply put, it is a blatantly unconstitutional law that punishes men for, well, being men.
In North Carolina, if a woman assaults a man, it is a simple assault, which is a Class 2 misdemeanor. If a man assaults a woman, it is assault on a female, which is a Class A1 misdemeanor. This is the most serious misdemeanor until you get into felonies. So how is this unconstitutional?
You see, the 14th Amendment's Equal Protection Clause prohibits treating one class of people differently than another. Yet, a 1970's NC Court of Appeals decision held that the Assault on a Female statute did not violate the 14th Amendment for several suspect reasons. Interestingly, this decision has never reached the State Supreme Court nor the United States Supreme Court.
Too often, men are accused of Assault on a Female when his ex-wife is preparing to petition for divorce and seek child support and custody. It works and women in North Carolina know this. Unfortunately, I have seen countless instances of this. It is almost a formula:
- The woman decides she no longer wants to be married.
- Then she files for a Domestic Violence Protective Order.
- The man gets kicked out of the house and can no longer have contact with his kids.
- Then the woman accuses the man of Assault on a Female.
It is time to change this disastrous chain of events. If you are accused of Assault on a Female, you need skilled representation. You need someone like me who has experience cross examining accusers in court. I will challenge the narrative against you and force the State to prove its case against you.
If you are facing an Assault on a Female charge, call me for a free 30-minute consultation and let me fight for your rights. After all, you are innocent until and unless proven guilty beyond a reasonable doubt.
