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In North Carolina, Assault with a Deadly Weapon can be charged as a Misdemeanor or a Felony depending upon the circumstances. A conviction of Assualt with a Deadly Weapon can result in a active prison sentence and having a permanent criminal record. The effects of a conviction of Assault with a Deadly Weapon can be everlasting.
Generally, the Misdemeanor offense of Assault with a Deadly Weapon is a Class A1 Misdemeanor and occurs when a person commits an assault, assault and battery, or affray if he/she causes a person to suffer serious injury or uses a deadly force. Under this Statute, a deadly weapon is not defined but it can include a gun, blunt object, knife, or any other object that is not generally considered a deadly weapon but could be used to severly injure or kill a person.
Additionally, a person could be charged with Felony Assault with a Deadly Weapon if that person committed the offense with the intent to kill and/or cause serious injuries. Under the statute, a deadly weapon is not define but it can include a gun, blunt object, knife, or any other object that is generally considered a deadly weapon but could be used to severly injure or kill a person.
The two key elements to the offense in order to know which Felony could be charged depends upon if there was the Intent to Cause Serious Injury or Intent to Kill. Intent to commit Serious Injury occurs if the injury requires medical attention whether or not the victim actually receives medical treatment. Intent to kill occurs if the person who committed the assault intended to kill the victim. Intent can be established by considering the circumstances of the crime that was committed. Given these two key elements it varies the way that the offense can be charged.
If there was Intent to Inflict Serious Injury or Intent to Kill then the offense can be charged as a Class E Felony and if there was both, Intent to Inflict Serious Injury and Intent to Kill then the offense can be charged as a Class C Felony.
Hall & Dixon, PLLC can help. Our criminal defense attorneys know the ins and outs of North Carolina's Assault with a Deadly Weapon law. We'll examine the details of your criminal case carefully and make sure all proper legal procedures were followed during your arrest or citation. If we find any evidence that can be used in support of your criminal defense, we'll make note of it and present it the court.
You can rely on our team of dedicated criminal defense attorneys to negotiate with the judge on your behalf and do everything possible to reduce the effects and consequences of a criminal conviction. Schedule a FREE consultation for your Misdemeanor or Felony criminal charge by calling or texting 704-993-6825.
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