Assault with a Deadly Weapon with Intent to Kill

All violent crimes, including assaults, are taken very seriously by police prosecutors and judges in Charlotte. However, when an assault involves both the use of a deadly weapon as well as an intent to seriously injure or kill, the situation requires the assistance of an experienced Charlotte criminal defense lawyer.

At the Olsinski Law Firm, PLLC, our dedicated team of Charlotte felony assault lawyers has more than 20 years of experience successfully defending the rights of clients facing charges such as assault with a deadly weapon with intent to kill. We treat every client and every case with the utmost care, as we’re fully aware of what’s at stake. Without help, you can rest assured that your case, your freedom, and your future are in good hands.

Assault is one of the most commonly charged crimes in North Carolina; however, that’s largely because there are multiple types of assault. All assault offenses are based on simple assault or misdemeanor assault. A misdemeanor assault occurs when someone makes physical contact (or tries to make physical contact) with another person without permission and with the intent to injure the alleged victim.

If an assault involves a weapon, it falls under North Carolina Gen. Stat. § 14-32. This law creates a few different types of felony assaults.

Assault with a Deadly Weapon

This offense involves committing an assault with a weapon, such as a knife or firearm. Assault with a deadly weapon is considered a Class E felony if you either,

1. Assaulted a person with the intent to kill, or
2. Caused a person, resulting in them experiencing serious injury.

Assault with a Deadly Weapon with Intent to Kill

Assault with a deadly weapon with intent to kill is a combination of the two requirements above. Thus, if you assault another person with a weapon while displaying the intent to kill, and the person suffers serious injury as a result, you’ll face a Class C felony.

However, regardless of the charge or the nature of the circumstances, this is a serious offense, and it is our goal to fight and win it for you. As the charge describes, this is an assault, and the aggravating factors have to do with the degree of assault and the intent and nature of the assault.

Necessarily, the crime of assault with a deadly weapon requires the prosecution to prove that you were armed with a deadly weapon, such as a firearm. However, North Carolina courts have interpreted the phrase “deadly weapon” very broadly, and it can include a variety of weapons or objects that most people don’t consider to be weapons.

The other main element of these cases is that the prosecution must establish you had the intent to kill. Barring situations where a person provides a statement to police or tells the alleged victim that they are planning on killing them, in most cases, evidence of someone’s intent will be entirely circumstantial. For example, prosecutors may look to whether you planned the attack, how you carried out the attack, and whether you provided the alleged victim any assistance after the attack.

Unfortunately, prosecutors are also prone to overcharging any assault resulting in serious injuries as an assault with an intent to kill, even if the only evidence of the doer’s intent is the seriousness of the alleged victim’s injuries.

If you were recently charged with assault with a deadly weapon with intent to kill, it is imperative that you immediately seek the assistance of an experienced Charlotte violent crimes defense lawyer. At the Olsinski Law Firm, PLLC, we pride ourselves in taking an aggressive approach from the moment we get involved in your case. Often, we can quickly minimize your exposure by convincing the prosecutor to drop the most serious charges. Even when that’s not an option, our lawyers know the best defenses to assault with a deadly weapon with intent to kill and how to use them to ensure that your recent arrest has as little impact on the rest of your life as possible. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.