Assault With a Deadly Weapon

Raleigh Aggravated Assault Attorney | Dewey Brinkley LawSimple assault is a serious crime that can be punishable by an A2 misdemeanor in the State of North Carolina. However, if you add a deadly weapon into the mix, your penalties are going to be significantly heavier. Whether you use a knife, baseball bat, blunt objects, a gun, corrosive acid or alkaline, or other weapons, if you inflict serious harm on the victim, you could be charged with a Class E Felony, punishable by 15 to 63 months incarceration (depending on the circumstances and severity of the assault, previous convictions, and other factors).

However, if the court can prove that you showed intent on killing the person with your weapon, you could be charged with a Class C Felony, punishable by up to 44 to 92 months behind prison walls for a first offense. Due to the very serious penalties associated with assault with a deadly weapon, you absolutely need an experienced Raleigh criminal defense attorney who can thoroughly defend your case in courts.

Differences Between Misdemeanors and Felonies in Assault Cases

According to North Carolina Statute § 14-33(c)(1), simple assault or affray with a deadly weapon is, by itself, considered an A1 misdemeanor. This only necessitates that a deadly weapon was used in the assault. For instance, cutting someone’s shoulder with a knife during a street fight could bring about the A1 misdemeanor charge.

However, if the victim was stabbed in the chest and required immediate medical care, whether or not the aggressor meant to cause such profound harm, the aggressor could be charged with the Class E felony for inflicting serious harm. If the court can prove that the aggressor was actively trying to kill the victim by stabbing him/her in the chest, then the aggressor could be charged with the Class C felony.

For Raleigh’s leading assault defense attorney, Call Dewey P. Brinkley Today

While serving the Raleigh and Wake County area for years, criminal lawyer Dewey P. Brinkley is accustomed to all the ways that individuals can commit assaults. As such, we boast a profound insight into the level or aggression and the harshness of the penalty that courts can give. We will always treat you as innocent and aim for a not-guilty charge or dropped charges, but if the evidence is stacked against you, we will use both aggressive negotiation tactics as well as industry-leading defense strategies to investigate the truth of the alleged crime and to disprove factors such as “intent to kill.”

If you’ve been charged with assault with a deadly weapon, don’t hesitate and call criminal defense attorney Dewey P. Brinkley immediately at 919-832-0307.