Assault with a Deadly Weapon in North Carolina — Felony Sentencing Explained
Learn how North Carolina classifies Assault with a Deadly Weapon offenses, from Class E to F felonies.
Assault with a deadly weapon is one of the most serious assault offenses in North Carolina, classified as a felony with significant prison time. This article explains the different classifications, penalties, and sentencing factors for this offense.
Definition of Assault with a Deadly Weapon (G.S. 14-32)
Under North Carolina law, assault with a deadly weapon occurs when someone commits an assault using a deadly weapon or with intent to kill or inflict serious injury. This offense is prosecuted under G.S. 14-32 and classified as a Class E or F felony depending on circumstances.
The key elements include:
- An assault (unlawful attempt or offer to injure)
- Use of a deadly weapon OR intent to kill/serious injury
- The victim's reasonable fear of immediate physical harm
Felony Classifications
Class E Felony
- Intent to kill with a deadly weapon
- Serious bodily injury caused by deadly weapon
- Prison range: 15-63 months (Level I prior record)
Class F Felony
- Assault with deadly weapon without intent to kill
- Prison range: 10-41 months (Level I prior record)
Penalties and Sentencing Ranges
Sentencing depends on the felony class and prior record level:
| Prior Record Level | Class E Range | Class F Range |
|---|---|---|
| Level I (0-1 priors) | 15-31 months | 10-25 months |
| Level II (2-4 priors) | 19-38 months | 13-31 months |
| Level III (5-8 priors) | 23-47 months | 16-41 months |
| Level IV (9-14 priors) | 29-59 months | 20-50 months |
| Level V (15-17 priors) | 36-72 months | 25-63 months |
| Level VI (18+ priors) | 44-88 months | 31-77 months |
What Constitutes a Deadly Weapon?
North Carolina defines a deadly weapon as:
- Firearms (guns, rifles, shotguns)
- Knives and other cutting instruments
- Clubs, bats, or blunt objects used in a deadly manner
- Any object used in a way likely to cause death or serious injury
The determination depends on how the object was used, not just what it is.
Aggravating and Mitigating Factors
Common Aggravating Factors
- Intent to kill
- Serious bodily injury to victim
- Victim is a law enforcement officer
- Victim is elderly or disabled
- Use of firearm
- Prior violent convictions
- Offense committed during another crime
Common Mitigating Factors
- No prior record
- Voluntary surrender
- Cooperation with law enforcement
- Mental health treatment
- Remorse and acceptance of responsibility
- Victim provoked the incident
Can Charges Be Reduced?
Yes, assault with a deadly weapon charges may be reduced through:
- Plea negotiations with prosecutors
- Evidence issues or witness problems
- Mitigating circumstances presentation
- Participation in programs (anger management, counseling)
Common Reductions
- Simple Assault (Class 2 misdemeanor)
- Assault on a Female (Class A1 misdemeanor)
- Disorderly Conduct (Class 3 misdemeanor)
Legal Consequences
A felony conviction for assault with a deadly weapon has serious long-term consequences:
- Prison time (15-88 months depending on circumstances)
- Permanent felony record
- Loss of gun rights (federal prohibition)
- Employment restrictions (many jobs unavailable)
- Professional license restrictions
- Housing difficulties (landlords may refuse)
- Immigration consequences (if not a citizen)
Legal Resources and Next Steps
If you're facing assault with a deadly weapon charges:
- Hire an experienced criminal defense attorney immediately
- Do not speak to police without legal counsel
- Gather evidence that supports your defense
- Consider your options for plea negotiations
- Prepare for a potentially lengthy legal process
Conclusion
Assault with a deadly weapon is a serious felony offense in North Carolina that can result in significant prison time and lasting consequences. The specific penalties depend on the circumstances, your prior record, and the presence of aggravating or mitigating factors. Always consult with a qualified defense attorney who has experience with violent crime cases.
Frequently Asked Questions
What is the punishment for assault with a deadly weapon in North Carolina?
Assault with a deadly weapon is a felony punishable by 15-88 months in prison depending on the specific circumstances and prior record level.
Is assault with a deadly weapon a felony in North Carolina?
Yes, assault with a deadly weapon is classified as a Class E or F felony depending on the specific circumstances and whether there was intent to kill or serious injury.
What constitutes a deadly weapon in North Carolina?
A deadly weapon includes firearms, knives, clubs, or any object used in a way that is likely to cause death or serious bodily injury. The determination depends on how the object was used.
Can assault with a deadly weapon charges be reduced in North Carolina?
Yes, charges may be reduced through plea negotiations, especially if there are mitigating factors such as no prior record or cooperation with law enforcement.
Does assault with a deadly weapon affect gun rights in North Carolina?
Yes, a felony conviction for assault with a deadly weapon will permanently prohibit firearm possession under both state and federal law.
Related Calculators
- Assault with Deadly Weapon Calculator (NC)
- Assault by Strangulation Calculator (NC)
- North Carolina Assault Sentencing Calculator
Related Articles
- Assault on a Female in North Carolina — What You Should Know
- Assault by Strangulation in North Carolina — Penalties and Sentencing
- North Carolina Assault Laws Explained