Assault with a Deadly Weapon with Intent to Kill
Assault can be charged as a felony in North Carolina. However, if an assault involves a deadly weapon and the intent to kill, the charge is even more serious.
There are three essential elements that the prosecution must prove in an assault with a deadly weapon case:
- An Assault was Committed: Assault is the act or attempted act of forcing violence on another person
- A Deadly Weapon was Used: Under North Carolina law, a deadly weapon is anything that one would typically use to commit murder, such as a gun, knife or blunt object. However, it may be possible for the state to file charges regardless of the weapon in question if the elements of assault with a deadly weapon are present.
- Intent to kill: This is established based on the totality of circumstances; that is, the prosecution will look at events leading up to the assault, the way the assault was allegedly conducted and any threats that may have been levied before, during or after
If the offense involved either serious injury or intent to kill, it will be charged as a Class E felony, punishable by 15 to 31 months in prison. A longer sentence may be imposed if the defendant has any prior convictions.
If the offense involved both serious injury and intent to kill, it will be charged as a Class C felony. This is a more serious felony, punishable by 44 to 98 months. Prior convictions could result in a prison sentence of up to 182 months.
In addition, a suspect may also be charged with attempted first-degree murder, depending on the circumstances of the case.