PROFESSIONAL LEGAL MATERIALS FOR COUNSEL - PUNISHMENT CATEGORIES FELONY ASSAULT CHARGES IN NC
Felony Assault - Sentencing Part I
* 14-32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.
(a) Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.
(b) Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.
(c) Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon.
Assault Inflicting Serious Bodily Injury in North Carolina
* 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties.
(a) Unless the conduct is covered under some other provision of law providing greater
punishment, any person who assaults another person and inflicts serious bodily injury is guilty
of a Class F felony. "Serious bodily injury" is defined as bodily injury that creates a substantial
risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted
condition that causes extreme pain, or permanent or protracted loss or impairment of the
function of any bodily member or organ, or that results in prolonged hospitalization.
(b) Unless the conduct is covered under some other provision of law providing greater
punishment, any person who assaults another person and inflicts physical injury by
strangulation is guilty of a Class H felony. (1996, 2nd Ex. Sess., c. 18,
Habitual Misdemeanor Assault in North Carolina
* 14-33.2. Habitual misdemeanor assault.
A person commits the offense of habitual misdemeanor assault if that person violates any of
the provisions of G.S. 14-33 and causes physical injury, or G.S. 14-34, and has two or more
prior convictions for either misdemeanor or felony assault, with the earlier of the two prior
convictions occurring no more than 15 years prior to the date of the current violation. A
conviction under this section shall not be used as a prior conviction for any other habitual
offense statute. A person convicted of violating this section is guilty of a Class H felony. (
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