misdemeanor assault by pointing a gun nc

Assault and Battery in North Carolina. Misdemeanor assault with a deadly weapon in Charlotte is found in North Carolina General Statutes (NCGS) §14-33(c). <> (Was Class 1 - Effective 12/1/06) A1 14-33(c)(1) Assault inflicting serious injury or using a deadly weapon. The contact form sends information by non-encrypted email, which is not secure. If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not … Serious injury is not defined in the statute, but involves any injury that could require medical treatment whether or not the victim is treated by a doctor. I would recommend them to anyone. William Alexander Mayes, 22, of 5038 Bass Mountain Road was charged with felony fleeing to elude arrest with a motor vehicle, misdemeanor assault by pointing a gun, three counts of misdemeanor communicating … V. ASSAULT BY POINTING A GUN [G.S. Misdemeanor crimes are reserved for crimes considered less serious than felonies, resulting in a lesser punishment. In fact, in the event weapons permits are revoked or suspended, it may make it impossible to maintain employment where purchasing or possession of a concealed weapon is a condition of employment. stream Is a person convicted of one of those crimes as a result of domestic violence prohibited from possessing a gun? endstream Harry Michael Fahy, 24, was arrested on charge of misdemeanor simple assault at Richardson Street, Albemarle, Oct. 21. Assault by pointing a gun is a Class A1 misdemeanor and regardless of your previous record could result in active jail time. ASSAULT ON A FEMALE - MISDEMEANOR Bond: $0.00 Type: NBND Status: ACTI. An A1 misdemeanor is the most serious misdemeanor offense that you could be charged with. NC-JOIN No. Cassey Blake Cordell, 31, of 112 Mill Bank Rd. During a tour, he unholsters his service-weapon to show it to high school students on a class trip. Legal consultation for criminal charges in North Carolina are free of charge. § 14-415.18. Based on NCGS 14-32 , if you assault someone with a deadly weapon , you could face felony charges. 14-415.4(d)(4) and (e)(6), ... state law by person found not guilty by reason of insanity or incapable to proceed for most felonies and misdemeanor assault by pointing a gun). To prove the criminal charge, the State of North Carolina, through the prosecutor’s office (District Attorney) must establish a prima facie case, including the following elements: Intent to cause harm and/or the ability to inflict serious bodily injury are not elements of the offense. Misdemeanor assault charges can also serve as a legal basis for additional, more serious felony charges depending on the fact-pattern of the allegations. He was also served with an outstanding warrant for failure to appear in court. North Carolina has a firearms restoration procedure for people who have been involuntarily committed. In response, Defendant removes his 40 caliber Beretta semi-automatic weapon and points it in the general direction of the reckless driver. Assault by pointing a gun Assault by pointing a gun is a Class A1 misdemeanor. List of Felony Convictions NOT eligible for most people. While driving in traffic on I-77 north, another vehicle passes Defendant’s car on the right, recklessly swerves his vehicle towards the Defendant, and enters the Defendant’s lane of travel. Defendant is later stopped by a Trooper with the NC State Highway Patrol and arrested for pointing his unloaded gun at the reckless driver. Handy is charged with assault by pointing a gun, and misdemeanor second degree trespassing. (1889, c. 527; Rev., s. 3622; C.S., s. 4216; 1969, c. 618, s. 2 … Assault by Pointing a Gun is classified as a Class A1 Misdemeanor in North Carolina. 877-462-3841. Assaulting by pointing a gun. (N.C.G.S 14-34) It is a Class 2 Misdemeanor and is punishable by up to 60 days in jail. Obviously I want to avoid that. An Overview of Gun Restrictions on Domestic Violence Offenders. Judicial Status: PRET. Raleigh, NC | 04/07/10. Penalties are predicated on the PRL or “Prior Record Level” of the accused and include as options, in the discretion of the court: Community Punishment involves a suspended sentence and no active period of incarceration. <> Even in matters committed “in fun or otherwise,” an arrest for assault often results in a public “mugshot.” It can be difficult to find good employment if convicted, as there often is a substantial public stigma against weapons and assault charges. It may also include Supervised Probation, Un-Supervised Probation, Fines, Costs of Court, Fees, Alcohol/Drug Assessment, Psychiatric Assessment and Treatment. » Devante Jamal Staples, 24, of 2606 Old NC 18, Lot 1, in Morganton, was charged with misdemeanor first-degree trespassing. xœ�RÁŠÂ0½şÃüÁ4ÕŠ‚˪ì"Ji{±�­Å6‘˜‚şıfÚŠ…õà%™7óŞËÌ€b A Snow Camp man was arrested Monday, Aug. 26, after deputies say he fled from law enforcement, pointed a gun at a man, and then assaulted and threatened deputies. Assaults committed in defense of self may be legally justified in instances where: In such instances, there is no duty to retreat if the Defendant is in a lawful place, including places like the defendant’s premises, home, residence, workplace, or motor vehicle. § 14-34. Felony convictions are often reserved for more serious and violent crimes such as murder, rape, or robbery. Self Defense is a valid defense to the offense of Assault by Pointing a Gun. Felony assault with deadly weapon on a government official Felony discharging a weapon into an occupied dwelling/moving vehicle Misdemeanor assault by pointing a gun Cassey Blake Cordell, 31, of 112 Mill Bank Rd. EDEN, N.C. (AP) — A North Carolina man dressed in body armor pointed an assault rifle at deputies after they went to a home to serve him with a warrant, a sheriff’s office said Monday.. Category Of Offense Misdemeanor, Class These guys not only took care of the initial ticket for me, but went the extra mile and reduced my problems from 3 to just 1 (very minor one) on the same day I called back! Assault by pointing a gun. We serve clients throughout North Carolina and South Carolina including, but not limited to, those in the following localities: I am so fortunate to have had Bill Powers on my case. No misdemeanor conviction of the type described in G.S. What are the possible penalties for assault by pointing a gun in self defense. 14-33(c)(3)] and strike (name person) , a child under the age of 12, by . Arguably, operability of the gun likely is also not a defense. North Carolina Criminal Law 14-32(b): Assault with a Deadly Weapon Inflicting Serious Injury, North Carolina Criminal Law Chapter 14-33(a): Simple Assault Involving Physical Contact, North Carolina Criminal Law 14-33(C)(2): Assault on a Female by a Male Person, North Carolina Criminal Law 20-141.4: Felony Serious Injury by Vehicle, Consistent with what a reasonable person would believe necessary, To protect from offensive physical contact or bodily injury, The circumstances at hand created such reasonable belief in the Defendant’s mind. Can I own a weapon if I have been convicted of a Class A1 Misdemeanor (Assault By Pointing a Gun), 2 years after judgement? It also does not matter if the gun was pointed as a joke or “in fun.”. Assault by Pointing a Gun. The teacher never saw the weapon and was not placed in fear of immediate bodily harm. A defense to Assault by Pointing a Gun may exist, as the other driver’s reckless operation of a motor vehicle could in itself be deemed an assault with a deadly weapon. Assault by Pointing a Gun. endobj <> Elements of the Criminal Offense . Upon learning why the students laughed, the Mecklenburg County teacher reports the Officer’s actions to Internal Affairs. Assault by Pointing a Gun is classified as a Class A1 Misdemeanor in North Carolina. The State is required to prove, Beyond a Reasonable Doubt, the Defendant did not act in self defense. State Politics ... Police also charged Walker with four counts of assault by pointing a gun, which is a misdemeanor. ASSAULT BY POINTING A GUN - MISDEMEANOR Bond: $0.00 Type: NBND Status: ACTI. Felony convictions are often reserved for more serious and violent crimes such as murder, rape, or robbery. Defendant is a semi-retired Charlotte-Mecklenburg Police Officer. § 921 (a) (33). This is a man who is extremely knowledgeable, yet still keeps his integrity which was impressive to me. Bill and his staff are flat out great. The off-duty officer is thereafter arrested for Assault by Pointing a Gun and terminated, permanently, from the Charlotte Police Department. 2. <> Many simple assault charges arise from a misunderstanding, but if certain factors are at play, these charged can be escalated to more serious assault … Common Misdemeanor Offenses in North Carolina. Intermediate Punishment may include conditions imposed by the Court for a Community Punishment. I currently live in North Carolina. NC §14-34. Raleigh, NC | 04/07/10. » Joanie Lee Laws, 39, of 2509 NC 18-US 64, 34, ... 38, of 1992 Fox Ridge Drive, in Connelly Springs, was charged with misdemeanor assault by pointing a gun and injury to personal property. Assault by pointing a gun in North Carolina is, in itself, a misdemeanor criminal charge that occurs when a person intentionally points a gun at another. Assault by Pointing a Gun is a specific intent crime, meaning the accused must act purposely. William Alexander Mayes, 22, of 5038 Bass Mountain Road was charged with felony fleeing to elude arrest with a motor vehicle, misdemeanor assault by pointing a gun, three counts of misdemeanor communicating threats, two counts of misdemeanor assault on a government employee, misdemeanor resisting a public officer, driving without a license, and displaying a fictitious tag. § 14-34. If an assault inflicts serious injury to another person, an assault charge can be a Class A1 misdemeanor. Assault … Upon our first meeting, Bill insisted that through the emotions of anger, sadness, confusion, and betrayal that I remain resilient. The police officer, meaning no harm or personal injury, points the revolver at the teacher while her back is turned, and says in jest to the students, “Bang, Bang.”. being charged with assault by pointing a weapon which was unloaded and broken used as a means of deterring others from harming me in a hostile environment where I … Weapons charges, both for a felony or misdemeanor charge, are serious and carry consequences even if not convicted. Common Misdemeanor Offenses in North Carolina. Due to COVID-19, we are providing FREE consultations via PHONE or VIDEO conferencing for your safety and convenience. Criminal Defense Lawyer for Simple Misdemeanor Assault Charges The most common form of Assault that people in North Carolina are charged with is Simple Assault. Find out about common misdemeanor assault and battery charges and penalties. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. If a deadly weapon is used during an assault, the charge will also go up and can even escalate to a felony. pointing a gun at someone (a Class A1 misdemeanor) discharging a firearm onto occupied property (a Class E felony), and; assault with a deadly weapon (a Class C or E felony, depending on intent and actual injury). Class A1 Misdemeanors, consistent with the Misdemeanor Punishment Chart, may be sentenced, up to 150 days of incarceration. Some additional, enhanced punishment may also be imposed such as a “split sentence” or special period of incarceration, ESA - Electronic House Arrest, EM – Electronic Monitoring, House Arrest, CAM – Continuous Alcohol Monitoring. (N.C.G.S 14-33(d)) - Assault by pointing a gun. Dwelling/Moving vehicle misdemeanor assault by pointing a gun nc 3 ) ] and strike ( name person ) by intentionally pointing a gun Carolina criminal.! 112 Mill Bank Rd or a misdemeanor our two year stretch together guide ” at the driver. 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