Assault with a Deadly Weapon Lawyer in Raleigh

Under North Carolina General Statute § 14-33(c)(1), the law separates misdemeanor and felony level deadly-weapon assaults based on the elements alleged in the case.

Examples of deadly weapons under NC law include:

• Firearms
• Knives
• Motor vehicles
• Bottles or blunt objects
• Other objects used in a way capable of causing serious injury or death
• In limited circumstances, hands or fists

Class A1 Misdemeanor: Assault With a Deadly Weapon

A conviction for assault with a deadly weapon in North Carolina carries a Class A1 misdemeanor punishment when the conduct does not fall under a more serious felony offense.

Sentencing for time served depends on the Defendant’s prior convictions:

• 1 to 60 days with no prior convictions
• 1 to 75 days with one to four prior convictions
• 1 to 150 days with five or more prior convictions

Class E Felony: Assault With a Deadly Weapon Inflicting Serious Injury

Assaulting another person with a deadly weapon and inflicting serious injury is a Class E felony. The statute does not require intent to kill for this offense, and the presumptive minimum sentence ranges from 20 to 50 months, depending on prior record level.

Class E Felony: Assault With a Deadly Weapon With Intent to Kill

Assaulting another person with a deadly weapon with intent to kill is also a Class E felony. This subsection does not require the State to prove that serious injury was inflicted. The presumptive minimum sentence ranges from 20 to 50 months, depending on prior record level.

Class C Felony: Assault With a Deadly Weapon With Intent to Kill and Inflicting Serious Injury

Assault with a deadly weapon is a Class C felony when the State proves both an intent to kill and serious injury occurred. It is the highest felony level under § 14-32 and requires active punishment regardless of prior record level. The presumptive minimum sentence ranges from 58 to 146 months, depending on the defendant’s prior record level.

Class D Felony: Assault on an Emergency Worker With a Deadly Weapon

Assaulting an emergency worker with a deadly weapon is a Class D felony when the assault either inflicts serious injury or is committed with intent to kill against a law enforcement officer, firefighter, emergency medical technician, or medical responder. Class D requires active punishment at every prior record level. The presumptive minimum sentence ranges from 51 to 128 months, depending on prior record level.

Many of those charged in the Wake County Justice System ask:

Can Self-Defense Apply to an Assault With a Deadly Weapon Charge?

Yes- self-defense may apply if defendants use force to protect themselves or another person from an immediate unlawful threat. In North Carolina, deadly force may be justified when a person reasonably believes it is necessary to prevent imminent death or great bodily harm.

When exploring defense strategies for your case, Attorney Chris Detwiler will examine the circumstances of the confrontation, including:

• Who initiated or escalated the confrontation
• Whether there was an immediate threat of unlawful force
• Whether the level of force used was reasonable under the circumstances
• Whether you were lawfully present where the incident occurred

Self-defense can be limited if the accused initiated the confrontation or was committing or fleeing after a felony offense.