Assault is the offense of attempting to commit a battery or placing a victim in apprehension of an immediate battery. A battery is an application of force used on a victim or an offensive touching. The force may cause physical harm to the victim, but does not need to cause any type of physical harm.
What Is Assault with a Deadly Weapon?
Assault with a deadly weapon is placing a victim in fear of an immediate battery or attempting to commit a battery while using a deadly weapon. It is often seen as a more serious crime than simple assault, and it typically comes with a harsher punishment than is assigned to a simple assault conviction.
Can Any Weapon Serve as a Deadly Weapon?
Technically yes. A deadly weapon is any type of instrument that can be used to inflict serious physical harm on a person. The instrument may range from a baseball bat to a gun.
How Does North Carolina Define Class C Felony Assault?
In North Carolina, there are multiple ways in which simple assault is raised from a misdemeanor to a felony. One way is if the perpetrator uses a deadly weapon to commit the assault while possessing an intent to kill and inflicts a serious injury in the process. If all three factors are present when the perpetrator commits the assault, then the assault is a Class C felony.
What Is Serious Bodily Injury?
A serious bodily injury is any long-lasting physical harm that impacts with an individual’s health or comfort. The injury can range from substantial cuts and bruises to paralysis.
What Is the Punishment for a Class C Felony in North Carolina?
The punishment for a first-time conviction for a Class C felony is 58 to 73 months in prison. If a person has prior felony convictions, then they may face between 67 and 146 months in prison, depending on how many and what types of convictions that the person has received in the past.
Should I Contact a Lawyer about My Felony Charge?
Yes. It is imperative you seek legal representation for help for your felony assault case. Contact a North Carolina criminal lawyer today.