North Carolina State Laws: Richard vs. Brad

North Carolina State Laws: Richard vs. Brad

Facts

Richard had been attacked and injured on two different occasions by Brad, causing him severe damage, hurt and emotional distress accounting to worth $200,000. Upon criminal jurisdiction and intervention of the North Carolina State Court, Brad moves to dismiss the action, narrating that not enough evidentiary support had been or given.

Issue

In this paper, we discuss the case of Richard versus Brad where Richard filed a lawsuit against Brad on the basis of assault, battery and mental as well as physical abuse. In the matter that follows, we discuss the legal implications of Brad's actions and how Richard could be found and held guilty for his actions.

Rule

According to Section14-32.4 of the North Carolina state laws, the following are the provisions for assault inflicting serious injury by attack or strangulation:

If a person assaults another person or causes any sort of mental or physical harm to another person, it is considered as a felony and is punishable by the North Carolina laws. It is categorized as a Class F felony and the person who commits the act is usually held guilty and charged according to the laws, unless there is another provision applicable to the situation which either entitles the accused to greater punishment or some other provision of the law.

Any form of injury that would cause harm to a person (mentally or physically) is defined as a serious 'Bodily Injury' under the North Carolina State Laws. This includes all acts that would cause risk of fatality and death, permanent or temporary (partial or complete) disfigurement, permanent or temporary conditions of extreme and sever pain, coma, impairment or loss of any one or more parts of the body and bodily functions or actions resulting in prolonged hospitalization.

Assault is covered by the North Carolina State Laws unless there is another provision applicable to the situation which either entitles the accused to greater punishment or some other provision of the law.

Any person who attacks or assaults another being and causes physical or mental injury by attack or strangulation is guilty of class H felony.

Analysis

According to the laws of North Carolina, there are multiple types of assaults and there are different decrees of punishment applicable to those assaults, depending on the situation and the different cases that could occur. However, the following are the description of assaults under normal circumstances.

The lowest form of ...