Assault With A Deadly Weapon Inflicting Serious Injury

If you have been charged with Assault With a Deadly Weapon Inflicting Serious Injury, it is important that you have the benefit of having an experienced and knowledgeable criminal defense attorney on your side.  A knowledgeable and experienced criminal defense lawyer knows what the prosecution must prove, what the consequences of a conviction are, and what may be a defense to the charge.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, has sixteen years of experience and knows what must be proved, what the consequences are, and what may be available as a defense.

In order to prove Assault with a Deadly Weapon Inflicting Serious Injury the prosecution must show that the defendant intentionally, and without justification or excuse, assaulted the victim, the defendant used a deadly weapon, and the defendant inflicted serious injury.

An intentional act may involve either general intent or specific intent.  Specific intent is a mental purpose, aim, or design to accomplish a specific harm or result.  General intent is a mental purpose, aim, or design to perform an act, even though the actor does not necessarily desire the consequences that result.  Intent is a mental attitude seldom provable by direct evidence; instead, it must ordinarily be proved by circumstances from which it may be inferred.  Whether a person acted with such intent is determined based on such just and reasonable deductions from the circumstances proven as a reasonably prudent person would ordinarily draw therefrom.

A deadly weapon is a weapon which is likely to cause death or serious bodily injury. Whether the weapon used is to be considered a deadly weapon depends in part on the nature of weapon, the manner in which it was used, and the size and strength of the defendant as compared to the victim.

Serious injury is defined as “such physical injury as causes great pain and suffering.”

Assault with a Deadly Weapon Inflicting Serious Injury is a Class E felony.  Depending upon the defendants criminal conviction history, a Class E felony is punishable by either an intermediate punishment or a term of incarceration followed by 12 months of post-release supervision by a probation officer.  Under an intermediate sentence, the defendant is sentenced to a period of incarceration, which is suspended and the defendant is placed on probation, plus an additional condition, which typically consists of a period of period of incarceration that is generally 60 or 90 days.  If the defendant violates the terms of probation, the probation may be revoked and the defendant will be required to serve an active sentence.

Where the defendant has zero to five criminal history points, the judge may order either an intermediate punishment or an active sentence.  In such case, the judge may order, depending upon the defendants criminal history points, a period of incarceration of between 15 to 18 months and 36 to 44 months.  This period of incarceration will be followed by 12 months of post-release supervision by a probation officer.

Where the defendant has 6 to more than 18 criminal history points, the judge must order either an active sentence.   In such case, the judge may order, depending upon the defendants criminal history points, a period of incarceration of between 20 to 24 months and 50 to 60 months.  This period of incarceration will be followed by 12 months of post-release supervision by a probation officer.

Self-Defense is a defense to Assault with a Deadly Weapon Inflicting Serious Injury.

If you`ve been charged with Assault with a Deadly Weapon Inflicting Serious Injury, call David Q. Burgess for a free consultation at (704) 377-9800.