assault with a deadly weapon

[needadvicefast]

What is the name of your state? north carolina

my husband was charged with assault with a deadly weapon(kitchen knife) serious injury. this is his first offense and he was drunk at the time(not saying that is an excuse). the man involved was cut on the wrist when he tried to grab my husband when he was walking away. my husband did not want to hurt this man. we are both extremely frightened on what is going to happen and we just need an idea of what could happen. any advice or information would be great.

 

[n_and]

He'll serve time. I don't know how much, don't know about NC but a guy here just got sentenced to 9 years for the same crime. This is RI though, so that's irrelevant. Don't say your husband didn't want to hurt the guy. He did. That's why he grabbed the knife.

Good Luck. Hire an attorney, don't let this go to court with a public defender.

 

[dequeendistress]

I would also advise the husband to abstain from possession of a kitchen knife while not in the kitchen.

 

[JETX]

"any advice or information would be great."
*** What kind of "advice or information" were you hoping to get?? Otther than get an attorney!

 

[needadvicefast]

down here the max is 8 years so that'd be the most he'd get. hopefully.

 

[dequeendistress]

You have already come to the decision that 8 years is ALL he will receive: HOPEFULLY??? This must not be a first offense...so you should already be familiar with the court systems and instead of looking for some advice, looking for a competent defense attorney in your locality.

 

[needadvicefast]

yes it is a first offense. im just saying hopefully b/c i don't even want it to be 8 days, let alone 8 years. i heard the max was 8 i dont' know for sure, hence the hopefully part.

 

[n_and]

I would also advise the husband to abstain from possession of a kitchen knife while not in the kitchen.

LMAO. That was classic.

 

[dequeendistress]

 

[JETX]

Per North Carolina Statutes:
"§ 14-32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments.
(a)Any person who assaults another person with a deadly weapon with intent to kill and inflicts serious injury shall be punished as a Class C felon.
(b) Any person who assaults another person with a deadly weapon and inflicts serious injury shall be punished as a Class E felon.
(c) Any person who assaults another person with a deadly weapon with intent to kill shall be punished as a Class E felon."
With the above, the KEY is whether he was charged with INTENT or not. Your post doesn't say.

As for sentencing, NC has a confusing array of possible sentences, but it looks to me like his sentence, if found guilty, could range from 44 to 92 months for a class 'C' or 15 to 31 for a class 'E', depending on findings by the court.
The 'charts' can be found at:
http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html