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If you live in North Carolina and get arrested for assault with a deadly weapon and intent to kill, how much time could you get?

Cherokee, NC |

Someone I know got arrested for assault with a deadly weapon and intent to kill. He caused serious bodily injury to the victim, and I was wondering with that charge alone, what would he score on their point sheet and how much time could receive for just that charge?

The assailant is trying to say it was self-defense. The victim was stabbed four times and his skull was fractured. The victim had self-defense wounds on his hands and the assailant was only hit in the face. The assailant did not go to the hospital or call the police. The victim was sent to the hospital, and the police have pictures of the wounds and pictures of the interior of the assailant’s home.

Attorney Answers 3


Well, without more details concerning the specific charge, I can tell you this:

If a serious injury was inflicted with intent to kill: Class C felony (4 years and 10 months to 17 years and 7 months in prison).

If a serious injury was inflicted without intent to kill: Class E felony (1 year and 8 months to 6 years and 8 months in prison).

If no was injury inflicted with intent to kill: Class E felony (1 year and 8 months to 6 years and 8 months in prison).

Either way, he needs to contact an attorney ASAP or get court-appointed counsel.

These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on the information provided which is insufficient to give meaningful advise. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so. If the Questioner wants to hire this Attorney for their case they must first contact his law office by emailing him at to setup a consultation. After a full discussion of the facts Corby and Ingalls, Attorneys at Law, PLLC can decided whether or not to accept the case.

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AWDWIKISI (“Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury”) is a Class C felony punishable by roughly 5 years on the low end of the presumptive range for a Level 1 (no criminal history) and up to about 15 years for someone with significant criminal history.

I'd need to know how many prior record points he has to give a more specific answer. Note, however, that just because he's charged that way doesn't mean that he will necessarily be convicted of the charge - he could win at trial, or he could take a plea (if one is offered) to a lesser charge.

Unless extraordinary mitigation is found, the punishment is a mandatory active sentence – meaning prison time – and no probation is permitted.

He needs a good lawyer.

<a href="">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

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I agree with both answers. He needs to find an experienced criminal defense attorney.

Below is a link to the National Association of Criminal Defense Lawyers’ “Find a Lawyer” page. | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.

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