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Assault charges in Charlotte should always be taken seriously. Whether you were charged with felony assault with a deadly weapon with intent to kill or misdemeanor assault with a deadly weapon, you could face harsh penalties and jail time. When you are alleged to have assaulted another person or threatened to do so, while using a deadly weapon, prosecutors will pursue the most serious offense possible.
In some cases, they will also overcharge the person, in an effort to incentivize them to plead guilty to a lesser offense. When you’re freedom, reputation, and rights are on the line, don’t allow yourself to be taken advantage of by our criminal justice system.
n North Carolina, assault with a deadly weapon is taken extremely seriously, whether it’s classified as a misdemeanor or felony. Prosecutors often push for the harshest charges possible, even overcharging in hopes of pressuring you into a plea deal.
A “deadly weapon” can include:
Whether you’ve been wrongfully accused or the situation is complex, Randall Law is ready to mount a strong defense on your behalf.
Under North Carolina law, § 14-33(c) makes it a Class A1 misdemeanor, the most serious misdemeanor level, to commit an assault, assault and battery, or affray when:
Importantly, you can be charged even if no physical injury occurs. Merely displaying or brandishing a deadly weapon in a threatening manner may be enough for prosecutors to pursue this charge.
Examples include:
Penalties for a Class A1 misdemeanor may include:
Because this offense involves a weapon, judges and prosecutors often treat it more seriously than other misdemeanors, even for first-time offenders.
Statute § 14 – 32 covers multiple felony-level assault offenses in North Carolina, each with different proof requirements and penalties.
ADWIKISI involves using a deadly weapon with the intent to kill and actually causing serious injury to another person. For example, stabbing someone in the chest during a fight that results in life-threatening injuries would fall under this charge. The penalty for this offense ranges from 44 to 231 months in prison, and the defendant may also be required to pay restitution to the victim.
This occurs when a deadly weapon is used and serious injury is inflicted, but there is no intent to kill. An example would be striking someone in the head with a blunt object, causing a concussion and requiring hospitalization. This charge carries a prison sentence of 15 to 88 months.
This applies when a deadly weapon is used with the intent to kill, but no serious injury results. For instance, firing a gun at someone but missing them would fall into this category. The punishment for this offense is also between 15 and 88 months in prison.
There is no single, fixed definition of “serious injury” under North Carolina law. It’s typically determined by the jury or judge based on the evidence. However, courts often find an injury to be “serious” if it involves:
If the prosecution cannot prove either serious injury or intent to kill, the charge may be reduced to a lesser felony or misdemeanor offense.
At Randall Law, our attorneys understand that every assault with a deadly weapon case is unique and requires a thorough and strategic approach. Our defense attorneys meticulously examine every detail of your case to uncover weaknesses in the prosecution’s argument and build a robust defense.
We begin by challenging the identification and characterization of the alleged weapon. Sometimes what is labeled a “deadly weapon” may not meet legal criteria, or there may be confusion about what was actually used during the incident.
We rigorously question the credibility and reliability of witnesses, as eyewitness testimony can be flawed, biased, or inconsistent. Our team carefully reviews medical reports and injury documentation to dispute whether the injuries allegedly caused meet the legal definition of “serious injury,” which is critical in determining the severity of the charges.
In addition, we scrutinize police reports and investigative procedures for potential violations of your constitutional rights, such as unlawful searches and seizures or lack of probable cause to arrest. When such issues arise, we file pre-trial motions to suppress illegally obtained evidence, thereby protecting you from unfair prosecution tactics.
To strengthen your defense, we collaborate with experienced investigators, forensic experts, and medical professionals who can provide objective analysis and testimony. Our goal is to uncover the truth and protect your future by preventing wrongful convictions and minimizing potential penalties.
The best defense depends on the facts and evidence of your particular case, but common strategies we use include:
Many felony assault charges hinge on proving intent to kill or cause serious injury. If the prosecution cannot show that you had such intent beyond a reasonable doubt, your defense attorney can argue for a reduction or dismissal of the charges.
You have a legal right to protect yourself or others from imminent harm. If you used force, including a deadly weapon, reasonably and proportionally to the threat you faced, this can be a strong defense. Our attorneys carefully document the circumstances and evidence supporting a self-defense claim.
Sometimes the object involved is not actually a “deadly weapon” as defined by law. Proving that the item was incapable of causing death or serious bodily harm can result in lesser charges or dismissal.
In some cases, you may have been wrongly identified as the assailant, or the allegations may stem from misunderstandings or personal conflicts. Our team investigates alibis, examines surveillance footage, and questions witness reliability to demonstrate your innocence.
If the alleged victim’s injuries do not meet the legal threshold for “serious injury,” your defense may successfully argue for a reduction from felony to misdemeanor charges or dismissal.
Randall Law offers a powerful combination of experience, knowledge, and dedication to every client. Samuel Randall is a Board Certified Specialist in State and Federal Criminal Law, recognized for his expertise in handling complex criminal cases.
Together, they bring decades of combined experience defending clients in both state and federal courts across North Carolina. Our attorneys have a proven track record of achieving favorable results, including charge reductions, dismissals, and acquittals, especially in cases involving weapons charges.
When you hire Randall Law, you gain aggressive advocates committed to protecting your rights, your freedom, and your future every step of the way, from the initial consultation through trial if necessary.
Yes. Under North Carolina law, simply using or threatening to use a deadly weapon during an assault can result in criminal charges, even if the alleged victim did not sustain any physical injuries.
No. Assault with a deadly weapon can be charged either as a misdemeanor or felony, depending on factors such as your intent, the severity of injuries, and the circumstances of the offense.
No. It is critical to speak with an experienced criminal defense attorney before making any statements to police or investigators. Anything you say can be used against you, even innocent or misunderstood remarks.
You have the legal right to protect yourself or others from imminent harm. However, the force you use must be reasonable and proportional to the threat faced. Our attorneys can help assess whether a self-defense claim applies to your case.
When you are facing misdemeanor or felony charges for an assault with a deadly weapon charges in Charlotte, the consequences are severe and the legal process can be overwhelming. You don’t have to face it alone, though.
An attorney from Randall Law, PLLC, will dedicate their time, knowledge, and skills to your case and provide you with a thorough and aggressive defense throughout the entire process.
Reach out to us today online or call us at (980) 237-4579 to schedule your confidential consultation.
When you’re charged with assault with a deadly weapon, you face life-changing penalties—possible prison time, steep fines, a permanent criminal record, and lasting damage to your reputation. When so much is at stake, you need immediate help from an experienced Charlotte criminal defense attorney who knows how to fight these charges.
Contact Randall Law, PLLC online or call us at (980) 237-4579 to schedule your confidential consultation. Our skilled defense team will protect your rights, challenge the prosecution’s case, and work toward the best possible outcome.
