Assault inflicting serious bodily injury is a Class F felony in North Carolina. This crime is governed by N.C.G.S. 14-32.4. This crime is not to be confused with assault inflicting serious injury, which is a Class A1 misdemeanor. Nor is it to be confused with felonious assault with a deadly weapon inflicting serious bodily injury, which is discussed here. Like all of our blogs, this blog is intended for informational purposes and is not intended as a substitute for the advice and counsel of a criminal defense attorney.
A person guilty of assault inflicting serious bodily injury:
- Commits an assault
- On another and
- Inflicts serious bodily injury
What is considered a serious bodily injury in this context?
It is statutorily defined as serious bodily injury if the injury:
- 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
Some examples of serious bodily injury:
- Victim lost a natural tooth – damage constituted a serious permanent disfigurement.
- Victim sustained a puncture wound to back of scalp and a parietal scalp hematoma and went into premature labor as a result of the attack.
- Victim suffered a cracked pelvic bone, broke rib, torn ligaments, deep cut over eye, and was unable to have sex for seven months. The eye injury developed an infection that lasted months and was never completely cured and the incident left a scar.
Punishment Assault inflicting serious bodily injury is a Class F felony, which carries a maximum possible penalty of 59 months imprisonment. What is the difference between serious bodily injury and serious injury? Assault inflicting serious bodily injury is more serious than assault inflicting serious injury. Proving serious bodily injury requires more evidence than proving serious injury. If you have been charged with assault crime or another crime in North Carolina or South Carolina and are in need of a criminal defense attorney, contact us to discuss your options.
