What are assault with a deadly weapons charges that I could face in North Carolina?

Felony Assault With a Deadly Weapon Charges

You could be charged with assault with a deadly weapon as a felony if you committed the assault with the intent to kill or caused serious injuries, or both. What constitutes a deadly weapon is not specifically defined and includes a wide range of potentially dangerous objects. There are two levels of assault charges, and both involve these elements of the crime:

• Serious injury. Although not defined in the criminal statute, an injury is considered a serious injury if it requires medical attention whether or not the victim actually receives medical treatment.
• Intent to kill. This means that the person who committed the assault intended to kill the victim, and the intent can be established through the circumstances of the crime. This can include threats, other words, or prior angry incidents between the accused person and victim.

Assault with a deadly weapon can be charged as a Class E felony if there was serious injury or the intent to kill. If there is both serious injury and the intent to kill, the crime is often a Class C felony. A conviction could result in these penalties:

• Class E felony. This offense is punishable by 15 to 31 months in prison, but a judge must justify the sentence if he deviates from the presumptive sentence of between 20 to 25 months in prison. In addition, if there are prior convictions, the prison sentence can be extended up to 63 months.
• Class C felony. A Class C felony conviction can result in a prison sentence of 44 to 98 months, with a presumptive sentence of between 58 to 72 months. The sentence can be increased to 182 months if there are prior convictions.