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Raleigh Assault with a Deadly Weapon Attorney
What is Assault With a Deadly Weapon?
Assault with a deadly weapon is when a person attacks or inflicts physical harm on another person with the use of a deadly weapon (whether it be a firearm, a knife, or another form of deadly weapon).
Deadly Weapons Under North Carolina Law
Under North Carolina law, a deadly weapon is anything that one would typically use to commit murder, such as a gun, knife or blunt object. However, it may be possible for the state to file charges regardless of the weapon in question if the elements of assault with a deadly weapon are present.
What is Considered “Intent to Kill”?
Intent to kill is established based on the totality of circumstances; that is, the prosecution will look at:
- events leading up to the assault,
- the way the assault was allegedly conducted
- and any threats that may have been levied before, during or after.
What are the Penalties for Assault in North Carolina?
Assault can be charged as a felony in North Carolina. However, if an assault involves a deadly weapon and the intent to kill, the charge is even more serious.
- If the offense involved either serious injury or intent to kill, it will be charged as a Class E felony, punishable by 15 to 31 months in prison. A longer sentence may be imposed if the defendant has any prior convictions.
- If the offense involved both serious injury and intent to kill, it will be charged as a Class C felony. This is a more serious felony, punishable by 44 to 98 months. Prior convictions could result in a prison sentence of up to 182 months.
In addition, a suspect may also be charged with attempted first-degree murder, depending on the circumstances of the case.
- Dismissed State of North Carolina v. R.G
- Dismissed State of North Carolina v. C.W.
- Not Guilty State of North Carolina v. G.S.
- Dismissed State of North Carolina v. M.G.
- Dismissed State of North Carolina v. M.B.
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