Introduction
In North Carolina, assault can be classified as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding it. While a basic assault might result in minor penalties, felony assault charges carry significantly more serious consequences — including years of prison time, high fines, and long-term damage to your personal and professional life.
At Martine Law, we help clients across North Carolina understand what they’re up against when facing felony assault charges and fight aggressively to defend their rights.
What Is Assault Under North Carolina Law?
Unlike some states, North Carolina does not have a singular statute labeled “assault”. Instead, it defines assault under several categories based on intent, injury, use of weapons, and victim type.
Assault can include:
- Threatening someone with physical harm
- Attempting to inflict injury
- Actually causing bodily harm
When one or more aggravating factors are present, the charge may rise to the level of felony assault.
Types of Felony Assault in North Carolina
1. Assault Inflicting Serious Bodily Injury (AISI)
This felony occurs when someone intentionally causes serious bodily injury, which is defined as:
- Substantial risk of death
- Permanent disfigurement
- Prolonged hospitalization or pain
Penalty: Class F felony – up to 41 months in prison
2. Assault With a Deadly Weapon (AWDW)
Using an object capable of inflicting death or serious harm — such as a gun, knife, or even a blunt object — during an assault can elevate the charge to a felony.
Subcategories include:
- AWDW Inflicting Serious Injury – Class E felony
- AWDW With Intent to Kill – Class E felony
- AWDW With Intent to Kill Inflicting Serious Injury – Class C felony
Penalty Range: From 15 months to over 15 years, depending on severity and intent
3. Assault by Strangulation
Choking or impeding someone’s ability to breathe or circulate blood can be charged as assault by strangulation, a serious offense even without visible marks.
Penalty: Class H felony – up to 39 months in prison
4. Assault on a Female by a Male Over 18
A male over the age of 18 who assaults a female is charged with a Class A1 misdemeanor, but repeated offenses or other aggravating circumstances can lead to felony charges.
5. Assault on Government Officials
Striking or threatening law enforcement officers, public school employees, EMTs, or other officials while performing their duties may lead to felony charges.
Penalty: Typically a Class I felony, with enhanced penalties for injury or use of a weapon
6. Habitual Felon Enhancements
If you’ve been convicted of three or more prior felonies, any new felony — including assault — can be upgraded to a Class C felony, drastically increasing the potential sentence.
What Constitutes “Serious Bodily Injury”?
Serious bodily injury isn’t just a black eye or bruise. Under North Carolina law, it includes:
- Loss or impairment of a body function
- Extended loss of consciousness
- Fractures or deep wounds
- Risk of death or long-term disability
This distinction is key to determining whether a charge qualifies as a felony.
Penalties for Felony Assault
Felony assault penalties in NC are determined by the felony class and the defendant’s prior record level.
| Felony Class | Minimum Sentence | Maximum Sentence |
| Class C | ~44 months | ~182 months |
| Class E | ~20 months | ~63 months |
| Class F | ~13 months | ~41 months |
| Class H | ~8 months | ~31 months |
| Class I | ~4 months | ~19 months |
In some cases, these can be served with active time, intermediate sentencing, or probation, depending on plea deals or mitigating factors.
Defending Against Felony Assault Charges
Just because you’ve been charged with felony assault doesn’t mean you’ll be convicted. At Martine Law, we explore all possible defense options, including:
- Self-defense
- Defense of others
- Lack of intent
- False accusations
- Mistaken identity
- Insufficient evidence
We work to challenge witness testimony, expose inconsistencies, and reduce or dismiss charges whenever possible.
Learn more about how self-defense works in NC assault cases.
Long-Term Consequences of Felony Assault
A felony assault conviction can affect more than just your immediate freedom. You may also face:
- Loss of gun rights
- Difficulty finding housing or employment
- Impact on child custody or visitation rights
- Immigration issues or deportation risks
- Lifetime registration as a violent offender in some cases
What to Do If You’re Charged
If you or someone you know is charged with felony assault in NC:
- Do not speak to the police without a lawyer
- Gather witness names, photos, or videos
- Avoid contact with the alleged victim
- Contact a criminal defense attorney immediately
Martine Law is here to help from day one.
Why Choose Martine Law?
Our legal team understands how prosecutors build felony assault cases — and how to dismantle them. We offer:
- Strategic defense planning
- Trial representation
- Negotiation for reduced charges
- Honest guidance throughout the legal process
With decades of combined experience, we help you navigate the toughest situations with strength and clarity.
Final Thoughts
Facing a felony assault charge in North Carolina is serious — but you’re not alone. With the right legal strategy and a committed defense team, it’s possible to fight the charges and protect your future.
Whether the case involves allegations of serious injury, use of a weapon, or prior convictions, you have rights. Let Martine Law stand by your side.