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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?
Anonymous2 views3 answers
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?
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.
Damon John ChetsonCriminal Defense AttorneyRaleigh, NC ·
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.
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.