Assault with a Deadly Weapon
Assault with a deadly weapon is one of several violent crimes in North Carolina. The offense involves using any object that could be considered to be a deadly weapon to hurt or threaten another person. If convicted, you’ll face a misdemeanor conviction, which could result in a jail sentence, even if you don’t have any other convictions on your record.
If you’ve been accused of using a deadly weapon to assault someone, reach out to the dedicated Charlotte assault with a deadly weapon lawyers at the Olsinski Law Firm, PLLC. Our attorneys care deeply about each of our clients and will relentlessly fight on your behalf to secure the best possible result in your case.The Definition of Assault With a Deadly Weapon in North Carolina
The crime of assault with a deadly weapon is outlined in North Carolina Gen. Stat. § 14-33, which provides that any person who commits any assault, assault and battery, or affray while using a deadly weapon commits a Class A1 misdemeanor.
North Carolina assault law is unusual in that the term “assault” is not defined by statute. Rather, the offense is defined by the Common Law, which is subject to change over time as judges interpret the crime. However, as a general matter, assault in North Carolina refers to intentionally causing physical and unwanted contact (or threatening to do so). Thus, assault with a deadly weapon involves using a weapon to cause unwanted contact, regardless of whether the contact results in the person being injured.
In this context, “deadly weapon” is broadly defined to include anything that could inflict serious or lethal injuries. For example, guns, knives, and explosives are all considered deadly weapons; however, a pen could also be considered a deadly weapon, depending on how it was used.What Are the Punishments for Assault With a Deadly Weapon?
Assault with a deadly weapon is a Class A1 misdemeanor if certain criteria are met. The difference between this charge and the felony variety has to do with the actions involved. In order to be convicted of the misdemeanor assault with a deadly weapon, there has to be an assault causing a serious injury or using a deadly weapon. The felony variety of this charge involves both injury and deadly weapon or intent to kill.
A Class A1 misdemeanor is the most serious misdemeanor in North Carolina; because of this, even first-time offenders could be looking at 60 days in jail. If you have previous criminal convictions, your sentence could be higher.Defenses to Assault With a Deadly Weapon
Like any assault charge, the identity of the person who committed the assault needs to be examined at great length. Those who are assaulted face tremendous stress, and their ability to recall who their attacker was is often compromised. Thus, misidentification is a common defense.
Similarly, self-defense or defense of others can also be a viable defense. However, for these defenses to apply, the threat you were facing must have been serious; otherwise, your use of a deadly weapon to defend yourself (or someone else) may not be justified.
If you have been accused of assaulting another individual with a deadly weapon, it is very important that you contact a Charlotte assault with a deadly weapon attorney to get started working on your defense as soon as possible.Are You Facing Serious Assault Charges in Charlotte?
At The Olsinski Law Firm, PLLC, we know how unforgiving the justice system can be for those accused of assault with a deadly weapon. No matter what the circumstances of your arrest may be, you are innocent until proven guilty and deserve a fair trial and aggressive defense. Our attorneys have the skills, knowledge, and experience needed to defend against these serious accusations. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.