Assault With A Deadly Weapon With Intent To Kill

When charged with Assault With A Deadly Weapon With Intent To Kill, having an experienced and knowledgeable criminal defense attorney on your side is crucial.  An experienced and knowledgeable criminal defense attorney knows what must be proved, the punishment that may be imposed, and any available defenses.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, is a knowledgeable criminal defense attorney with sixteen years of experience who knows what the prosecution must prove, the consequences of a conviction, and possible defenses to the charge.

In order to prove Assault With A Deadly Weapon With Intent To Kill, the prosecution must show that where the defendant intentionally, and without justification or excuse, assaulted the victim, 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 may be defined as “such physical injury as causes great pain and suffering.”

Assault With A Deadly Weapon With Intent To Kill is a Class E felony.  Depending upon the defendants criminal conviction history, a Class E felony is punishable by either an intermediate probationary sentence or an active sentence.  Under a intermediate probationary sentence, the defendant is sentenced to an amount of time of incarceration and that time is suspended.  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 probationary sentence 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.

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 With Intent To Kill.

If you`ve been charged with Assault With A Deadly Weapon With Intent To Kill, call David Q. Burgess for a free consultation at (704) 377-9800.