Awdw serious injury

While statue does not specifically define "assault," common law creates a clear understanding of assault in North Carolina. According to State v.

Assault with a Deadly Weapon is always a serious criminal charge. Depending on the circumstances of the allegations, it can be either a felony or misdemeanor charge. Some weapons may be deemed per se deadly weapons, such as knives or firearms. For example, a baseball bat is intended to be used to play a game. In the wrong hands, with criminal intent, such object could easily be used as a deadly weapon. One can easily see that an assault with a baseball bat might also result in death or serious bodily injury.

Awdw serious injury

When a serious injury results from the assault, that is classified as a Class E Felony and subjects the accused to the potential active prison term. The maximum period of confinement in the NC Department of Adult Corrections is 88 months, depending upon the Prior Record Level as calculated within the sentencing guidelines. Felony assaults with deadly weapon intending to kill and those inflicting serious bodily injury are set forth the N. The specific elements of the crime are described within the Pattern Jury Instruction The State of North Carolina bears the responsibility of proving the prima facie elements of the offense to the satisfaction of the Finder of Fact. Under the 6 th Amendment to the Constitution, every Defendant accused of a crime is entitled to a trial by jury. The North Carolina Constitution has been amended to allow for a waiver of that right to a jury trial and instead proceed with a trial by a Superior Court Judge. A deadly weapon may be defined by the Court when it is per se a deadly weapon, such as fact patterns involving a knife, gun, or brass knuckles. For example, a box cutter is designed and primarily used as a work tool. If the person committing an assault uses a box cutter with the intent to seriously injure the victim, a box cutter may be deemed a deadly weapon by the Finder of Fact or Court. The prosecutor carries both the Burden of Proof and Burden of Production. The standard of proof for criminal charges is the highest in the land. But, in the event the right to a jury trial is waived, the Superior Court Judge would be required to apply the same standard of proof in its individual deliberations.

Assault with a deadly weapon is considered a Class E felony if you either.

An assault that occurs with the use of a deadly weapon greatly increases the seriousness of the assault charge. If you commit an assault and inflict serious injury or use a deadly weapon, you are guilty of a Class A1 misdemeanor. A simple assault is a Class 2 misdemeanor. This crime is found in G. Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she… [i]nflicts serious injury upon another person or uses a deadly weapon. However, if you commit an assault with a deadly weapon and inflict serious injury or have intent to kill, you are guilty of a felony under G.

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. 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:.

Awdw serious injury

All violent crimes, including assaults, are taken very seriously by police prosecutors and judges in Charlotte. However, when an assault involves both the use of a deadly weapon as well as an intent to seriously injure or kill, the situation requires the assistance of an experienced Charlotte criminal defense lawyer. At the Olsinski Law Firm, PLLC, our dedicated team of Charlotte felony assault lawyers has more than 20 years of experience successfully defending the rights of clients facing charges such as assault with a deadly weapon with intent to kill. Without help, you can rest assured that your case, your freedom, and your future are in good hands. All assault offenses are based on simple assault or misdemeanor assault.

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Neighbors dial , calling the Wake County Emergency Services. Justia Law Firm Website Design. Your future. Defendant provided a voluntary statement to Mooresville Police Officers. The maximum period of confinement in the NC Department of Adult Corrections is 88 months, depending upon the Prior Record Level as calculated within the sentencing guidelines. All assault charges are serious and carry consequences. According to State v. Often, we can quickly minimize your exposure by convincing the prosecutor to drop the most serious charges. The specific elements of the crime are described within the Pattern Jury Instruction Deadly Weapon:. Defendant denied liability and blamed our client for causing the accident. North Carolina General Statutes. The victim was the aggressor in the altercation, continuing towards the Defendant, attempting to throw him to the ground.

An assault that occurs with the use of a deadly weapon greatly increases the seriousness of the assault charge. If you commit an assault and inflict serious injury or use a deadly weapon, you are guilty of a Class A1 misdemeanor.

Roberts, N. Intent is an essential element of the offense of Assault with Deadly Weapon. In the wrong hands, with criminal intent, such object could easily be used as a deadly weapon. Your future. He is widely respected in the legal community and regular commentator on legal issues, policy, and the North Carolina criminal laws. Prior results are no guarantee that similar results can be achieved in future cases. The results listed above are not all the results the firm has achieved. North Carolina courts have deliberately chosen not to define what a serious injury is specifically, but a serious injury generally means a physical or bodily injury resulting from an assault. You may reach Mr. The husband could clearly be charged with the misdemeanor offenses of Assault with a Deadly Weapon, Assault on Female, and Communicating Threats. Our team is available to assist you and provide the legal guidance you need to face these charges head on. Assault with a Deadly Weapon Definition If you commit an assault and inflict serious injury or use a deadly weapon, you are guilty of a Class A1 misdemeanor. As the charge describes, this is an assault, and the aggravating factors have to do with the degree of assault and the intent and nature of the assault. Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she… [i]nflicts serious injury upon another person or uses a deadly weapon.