If you are charged with assaulting someone in North Carolina, you could be facing misdemeanor charges—even if you never touched anyone. However, you could be charged with a misdemeanor or more serious felony charge if a deadly weapon was used in the assault. A conviction can result in you being sentenced to prison and having a permanent criminal record. Because of these very serious consequences, you need to retain an experienced criminal defense attorney as soon as possible to help you build a strong defense to the charges that you face.
Misdemeanor Assault With a Deadly Weapon Charges
Most assault and battery charges are misdemeanor offenses in North Carolina. You can be charged with assault for threatening someone whereas battery requires actual physical contact. There are three general assault and battery crimes:
- Assault and battery that involves physically injuring someone else
- Assault, which can be an attempt to commit an assault and battery, or a show of force when it appears that an assault is imminent
- Affray, which is a fight between two or more people, in a public place that puts others in fear
There are a number of specific misdemeanor assault and battery offenses that are considered more serious, and the charge is a Class A1 misdemeanor rather than the less serious Class 2 misdemeanor charged in many simple assault cases.
Assault with a deadly weapon is one of the more serious misdemeanor offenses. A person can be charged with this offense if he commits an assault, assault and battery, or affray if he causes a person to suffer serious injury or uses a deadly weapon. While a deadly weapon is not defined in the statute, it can include a gun, knife, blunt object, or another object that is not generally considered a deadly weapon but could be used to kill a person.
A misdemeanor assault with a deadly weapon carries these possible penalties:
- Jail sentence of up to 60 days for a first offense or 150 days if there were prior convictions
- Probation—either supervised or unsupervised
- Fine with the amount in the judge’s discretion
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.
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