What Are the Penalties for Felonious Assault in Mecklenburg County?
North Carolina uses complicated sentencing guidelines that take into account mitigating and aggravating factors, such as the defendant’s prior criminal record and the circumstances of the crime. Felonious assault is a Class F felony in North Carolina. A person could be sentenced to a maximum sentence of 33 to 59 months in prison if convicted.
What Are the Differences Between Felonious Assault and Kidnapping?
While similar to kidnapping, felonious assault is a different crime that is punished less harshly in North Carolina. The main difference is the purpose of the restraint. Under N.C.G.S. 14.39, kidnapping is committed by unlawfully confining, restraining, or moving the victim from one place to another place without their consent or the consent of their parent or legal custodian if they are under 16 years old. In addition, the purpose of the kidnapping must be one of the following:
- Holding the victim for ransom
- Using the victim as a shield
- Facilitating the commission of a felony or the flight of someone after a felony is committed
- Terrorizing the victim or inflicting serious bodily harm on them
- Keeping the victim in involuntary servitude
- Subjecting the victim to human trafficking
- Subjecting or maintaining the victim for sexual servitude
The penalties for kidnapping can be more severe than for felonious assault. Kidnapping can be charged as a Class E or Class C felony. The punishments would include the following:
- Class E felony. A person could be sentenced to 15 to 63 months in prison if convicted.
- Class C felony. The punishment for kidnapping as a Class C felony is a prison sentence of 44 to 182 months.