Is Assault with a Deadly Weapon a Felony in North Carolina?

Yes, under North Carolina law, assault with a deadly weapon (AWDW) can be a felony offense. Even if no contact was made, simply threatening someone with a deadly weapon can be enough if the prosecution believes you intended to cause harm. There are a few ways to break down whether the offense will be a felony or misdemeanor depending on the severity of the situation.

There are three primary forms of assault with a deadly weapon in North Carolina:

• Assault with a Deadly Weapon - Simple AWDW: Occurs when someone uses a weapon in a threatening or violent manner, but no serious injury results. (Class A1 Misdemeanor)
• Assault with a Deadly Weapon Inflicting Serious Injury (AWDWISI): Applies when a deadly weapon is used to cause significant bodily harm, but not death. (Class E Felony)
• Assault with a Deadly Weapon with Intent to Kill (AWDWIK): Charged when a person allegedly uses a weapon with the intent to kill, even if the victim survives. (Class C Felony)

Penalties for Assault with a Deadly Weapon in North Carolina

We understand that when you’re facing something as serious as an ADW charge, you’re likely worried about the “ifs,” the worst-case scenario, and the potential sentencing. The severity of the penalties depends on multiple factors, including the intent behind the assault and the extent of the victim’s injuries.

• Assault with a Deadly Weapon (Class A1 Misdemeanor): Could mean up to 150 days in jail and possible fines.
• Assault with a Deadly Weapon Inflicting Serious Injury (Class E Felony): Possible 15 to 88 months in prison, depending on prior convictions.
• Assault with a Deadly Weapon with Intent to Kill (Class C Felony): Potential 44 to 231 months in prison, depending on prior criminal history.

Can an ADW Charge Be Reduced?

A felony assault with a deadly weapon charge may be downgraded to a misdemeanor under certain conditions:

• The Weapon Used Was Not Actually Deadly – If the prosecution cannot prove the object could cause serious injury or death, the charge may be reduced.
• Lack of Serious Injury or Intent to Kill – If the alleged victim did not suffer serious injuries and intent to kill is unproven, the charge could be reduced.
• Plea Bargaining – A defense attorney may negotiate to reduce the charge in exchange for a guilty plea.
• First-Time Offender Considerations – The court may allow alternative sentencing, such as probation or community service.

Defending Against Assault with a Deadly Weapon Charges

Here’s the good news—you have options, and you don’t have to face the charges alone. Patrick Roberts will explore every possible defense, including:

• Self-Defense – If you were protecting yourself or someone else.
• Lack of Intent – If the assault was accidental.
• False Accusations – If the claims were exaggerated or fabricated.
• Insufficient Evidence – If the prosecution lacks proof beyond a reasonable doubt.

Why You Need a Skilled Assault Lawyer in Wake County

Your future is on the line. A conviction could mean years in prison, a permanent criminal record, and the loss of your rights. Patrick Roberts has over 22 years of experience handling serious criminal cases in North Carolina. With his background as a former prosecutor, he knows how to fight back and defend your rights.

Schedule your free case review with Patrick Roberts today.