Felony Assault Charges in North Carolina

One of our previous blogs explored some of the various misdemeanor assault charges in North Carolina. This blog will explore some of the various felony assault charges in North Carolina. Felony Assault Charges are governed by the North Carolina General Statutes.

Assault by strangulation

Any person who assaults another person and inflicts physical injury by strangulation is guilty of a Class H felony.

Assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel

• A person is guilty of a Class I felony if the person commits an assault or affray causing physical injury on any of the following persons who are discharging or attempting to discharge their official duties:
  1. An emergency medical technician or other emergency health care provider
  2. A medical responder
  3. Hospital personnel and licensed healthcare providers who are providing or attempting to provide health care services to a patient in a hospital
  4. A firefighter
• Generally, a person is guilty of a Class H felony if the person commits this offense AND

1. inflicts serious bodily injury or
2. uses a deadly weapon other than a firearm.

• Generally, a person is guilty of a Class F felony if the person commits this form as assault and uses a firearm

Felonious assault with a deadly weapon with intent to kill or inflicting serious bodily injury:

Many people have heard of these felony assault charges. In North Carolina, assault with a deadly weapon with intent to kill or inflicting serious bodily injury is a felony. If a person assaults someone with a deadly weapon with the intent to kill that person, it is a Class E felony. If a person assaults another person with a deadly weapon, and the assault results in serious bodily injury, it is a Class E felony. If a person assaults someone with a deadly weapon with the intent to kill AND the person inflicts serious bodily injury, it is a Class C felony. Note that assault inflicting serious bodily injury (no deadly weapon used) is a Class F felony.

What is serious bodily injury in this context?

It is statutorily defined as serious 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

What is a deadly weapon?

In North Carolina, a “deadly weapon” is basically anything that could be used to kill someone. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons.

Misdemeanor Assault in North Carolina

If you would like to learn about misdemeanor assault in North Carolina, check out our blog on misdemeanor assault in North Carolina here.

 

If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Call us at 980-272-8438.