Criminal Defense Lawyer for Felony Assault Charges
In addition to Misdemeanor Assaults there are several types of assault in North Carolina that will result in Felony charges against an individual.
Assault Inflicting Serious Injury (a Class H Felony punishable by up to 25 months in prison) hinges on the definition of “serious injury” and whether the injuries to the victim in the particular case meet the definition. Factors such as hospitalization, pain, loss of wages, and permanent disfigurement are considered by the court in such cases.
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Criminal Felony Assault Charge Definition
Assault by Strangulation (another Class H Felony punishable by up to 25 months in prison) also requires physical injury. The law does not require any specific type of strangulation, for instance strangulation using an object (like a rope) qualifies, as does strangulation with one’s hands. However use of a rope or another object may result in charges of Assault with a Deadly Weapon with Intent to Kill.
Assault with a Deadly Weapon with Intent to Kill (a Class E Felony punishable by up to 74 months in prison) can be based upon the use of almost any weapon. Although certain items are clearly weapons, (guns, knives, etc.) almost anything with sufficient size including automobiles can be considered a deadly weapon under North Carolina criminal law. The intent to kill is based on the factual situation and intent to kill must be proven beyond a reasonable doubt.
Assault with a Deadly Weapon Inflicting Serious Injury (also a Class E Felony punishable by up to 74 months in prison) is a combination of deadly weapon and the serious injury standards discussed above. Both must be proved beyond a reasonable doubt.
Combining those standards with the standard for intent to kill above leads one to the charge of Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury. If all of these factors can be proven beyond a reasonable doubt the North Carolina Criminal Defendant faces up to 210 months in jail as this is a Class C Felony.
Other Felony Assaults are part of the North Carolina Criminal Code including:
Discharging a Barreled Weapon or Firearm Into Occupied Property (Class E Felony)
Discharging a Barreled Weapon or Firearm into an Occupied Dwelling or Occupied conveyance in Operation (Class D Felony)
Discharging a Barreled Weapon or Firearm into Occupied Property Causing Serious Bodily Injury (Class C Felony)
Secret Assault (Class E Felony)
Aggravated Assault on a Handicapped Person (Class F Felony)
Assault with a Firearm or other Deadly Weapon on a Governmental Officer or Employee or Company or Campus Police (Class F Felony)
Assault with a Firearm on a Law Enforcement, Probation or Parole Officer or Detention Facility Employee (Class E Felony)
Assault Inflicting Serious Injury or Serious Bodily Injury on a Law Enforcement Officer, Probation or Parole Officer, or Detention Facility Employee (Class F Felony)
Assault on a Court Officer (Class I Felony)
Assault on a Court Officer Using a Deadly Weapon or Inflicting Serious Injury (Class F Felony)
Habitual Misdemeanor Assault (Class H Felony)
Malicious Injury by Use of an Explosive or Incendiary Device (Class D Felony)
Malicious Throwing of a Corrosive Acid or Alkali (Class E Felony)
Malicious Injury by Use of an Explosive or Incendiary Device (Class D Felony)
Malicious Maiming (Class C Felony)
Castration or Other Maiming Without Malice Aforethought (Class E Felony)
Speak to a Charlotte, NC Criminal Defense Lawyer Today
The charge of felony assault is a serious one, and you need an experienced defense attorney to help prepare your best defense. Call Rosensteel Fleishman, PLLC (704) 714-1450, to discuss your options as soon as possible.
