Home » Practice Areas » North Carolina Assault Defense Lawyer » Assault With a Deadly Weapon in North Carolina: GS § 14-32(b)
There can be legal repercussions for actions that one takes; everyone knows that. However, there can also be misunderstandings and false accusations that come into play in certain circumstances. When dealing with something as serious as a charge of assault with a deadly weapon in the State of North Carolina, there is no room for error.
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Whether you’ve been charged with a misdemeanor or felony assault or battery, you should contact an experienced criminal defense attorney as quickly as possible for assistance in avoiding the heavy penalties you’re facing.
Legal definitions become extremely important when someone is facing a potential criminal penalty for behavior that they are alleged to have committed. Thus, we wanted to provide the letter of the law definition of assault with a deadly weapon right from the beginning:
When someone truly commits this type of crime, it is emotionally and physically scarring for the victim. We as a society agree that someone guilty of this charge deserves to be punished for their crime. However, we also recognize a legal right to defend oneself in a confrontation and a defendant’s right to a fair trial. All of these things can be true simultaneously, and that is why we need to take a closer look at potential defenses against this charge.
When facing the charge of assault with a deadly weapon, it can feel like all of the odds are against you when it comes to your defense. However, there are a number of legal defenses that a criminal defense lawyer can help you establish to prevent your conviction.
Misidentifications can happen in the heat of the moment. Just because someone has pointed the finger at you and suggested that you were the one who committed an assault with a deadly weapon does not mean that this is true. It is a meaningful and significant legal defense to say: “You have the wrong person.”
It is not a defendant’s responsibility to prove that they did not commit a crime. Instead, the State must prove beyond a reasonable doubt to a 12-person jury of your peers that you have committed the crime that they are alleging. That said, defendants often feel pressure to provide evidence that they are not the person who committed the alleged crime. With the help of an attorney, it may be possible to do so. Should evidence exist that excludes you from possibly being the individual who committed this crime, the charges may be dropped before they are ever taken to court.
Reasonable people can agree that the use of self-defense may be justified in certain situations in order to protect oneself from bodily harm. Once again, we refer to the law as it is written in North Carolina for an understanding of the legal definition of self-defense in the Tar Heel State:
(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.
With that in mind, it is easy to see how someone may be accused of assault with a deadly weapon when they were actually within their legal right to self-defense in North Carolina. Juries may not be aware of this, and they may be swayed by the arguments of the State if you do not have an assertive attorney on your side. When you do hire such an attorney, they will make sure:
When it comes to a defense for such a strong charge, ensure you have a good attorney on your team to explain your side of the situation.
The charge of assault with a deadly weapon also requires that specific intent be proven to convict someone. An individual cannot have committed the crime of assault with a deadly weapon if evidence does not exist that they intended to commit a specific act of violence against another individual. That is not necessarily well known by the public, but it is critical when forming a defense against particular accusations.
Perhaps someone was injured by a weapon in the incident in question, but a lack of intent may reduce the types of charges that can be brought against a suspect. This does not mean that the accused will necessarily get away penalty-free, but the penalties for their crime may be significantly reduced if they did not have a specific intent when they took certain actions.
The Constitution of the United States guarantees all people accused of a crime represent themselves in a court of law should they choose to do so. However, such action is strongly discouraged by most in the profession. This is because acting as one’s own attorney without proper legal training is potentially a recipe for disaster. Courts do not look kindly upon someone who works on their own behalf but clearly does not understand the correct procedures and methods that they are supposed to go through. When you work with an actual attorney, you can rest assured that they will:
Given the stiff penalties that one could face if convicted of an assault with a deadly weapon charge, it is strongly advised that you seek a proper attorney right away.
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Our criminal law attorneys defend clients against felony and misdemeanor charges in North and South Carolina. We understand how intimidating it is to be charged with a crime and face the criminal justice system.
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Do not risk an assault conviction by acting rashly or attempting to resolve your case independently. Act in your best interest by seeking professional legal help from an experienced criminal defense attorney. Dealing with assault charges can be stressful. Having a lawyer by your side can make aspects of your case more manageable and reveal that you have more options than you previously knew.
King Law has the necessary knowledge, experience, and resources to handle your simple assault case. We are a firm of highly-trained legal professionals committed to serving our clients well. We provide various services to our clients that may be able to secure a favorable outcome, like evaluating the details of their case, building a solid defense, questioning the validity of weak evidence, and protecting clients from unethical prosecution practices. Learn more about how our firm can help you by calling (888) 748-5464 or filling out our online contact form.
