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AWDW Serious Injury – How to Fight Your Case

If you or a loved one is facing an Assault with a Deadly Weapon (AWDW Serious Injury) felony charge in North Carolina, your future hangs in the balance. At Garrett, Walker, Aycoth & Olson, our seasoned criminal defense attorneys are dedicated to vigorously protecting your rights and fighting for your freedom.


Understanding AWDW Serious Injury

In North Carolina, an Assault with a Deadly Weapon charge is a serious offense that can result in severe penalties including lengthy prison sentences, heavy fines, and a permanent criminal record. This charge is often brought when a defendant is accused of using—or threatening to use—a deadly weapon during an assault, leading to actual or potential serious bodily injury.


AWDW Serious Injury Statute & Elements of the Crime

Under North Carolina General Statute § 14-35.2, an individual may be charged with Assault with a Deadly Weapon when the following elements are met:

  1. Intentional or Reckless Conduct: The defendant acted either intentionally, knowingly, or recklessly.
  2. Use or Display of a Deadly Weapon: The defendant either used, brandished, or threatened to use a deadly weapon. In North Carolina, a deadly weapon may include firearms, knives, or any object that, when used in a certain manner, is capable of causing serious bodily injury.
  3. Creation of Fear or Imminent Harm: The defendant’s actions caused the victim to reasonably fear imminent serious bodily injury, which is considered an assault, or resulted in actual serious injury. This element emphasizes both the victim’s perception of danger and the potential or actual harm inflicted.

Successfully proving any of these elements is critical for the prosecution. However, our defense team is equally committed to challenging every element to secure the best possible outcome for you.


Types of Assault with a Deadly Weapon Inflicting Serious Injury (AWDW Serious Injury) Charges in North Carolina

In North Carolina, Assault with a Deadly Weapon Inflicting Serious Injury (AWDW Serious Injury) charges can take different forms, depending on factors such as whether the charge is a felony or misdemeanor, the severity of the injury, and whether the offense was committed with the intent to kill. According to N.C. General Statute § 14-32, AWDW Serious Injury charges fall under the broader category of felonious assaults, with varying degrees of severity:

1. AWDW Inflicting Serious Injury – Class E Felony

Under G.S. 14-32(b), a person can be charged with Assault with a Deadly Weapon Inflicting Serious Injury (AWDW-ISI) if they:

  • Assault another person,
  • Use a deadly weapon, and
  • Cause serious injury, but without intent to kill.

This is a Class E felony, which can carry a significant prison sentence, particularly for those with prior criminal records, and may involve financial compensation to the victim if civil charges are pursued and they’re granted a recovery of their medical expenses and even pain and suffering.

2. AWDW with Intent to Kill (AWDW-IK) – Class E Felony

Under G.S. 14-32(c), a person may face Assault with a Deadly Weapon with Intent to Kill (AWDW-IK) charges if they:

  • Assault another person,
  • Use a deadly weapon, and
  • Have the intent to kill, but do not cause serious injury.

Even without serious injury, if prosecutors can prove intent to kill, this offense is still classified as a Class E felony, punishable by substantial prison time.

3. AWDW with Intent to Kill Inflicting Serious Injury (AWDW-IKISI) – Class C Felony

One of the most severe AWDW offenses in North Carolina is Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury (AWDW-IKISI) under G.S. 14-32(a), which often results in significant trauma for the victim. This charge applies when:

  • A person assaults another,
  • Uses a deadly weapon,
  • Causes serious injury, and
  • Acts with the intent to kill.

Because this crime involves both serious injury and the intent to kill, it is charged as a Class C felony, one of the most serious non-murder offenses in North Carolina. Convictions often lead to long prison sentences.

Key Factors That Affect AWDW Charges

Several elements impact which specific AWDW charge is applied, including:

  • The type of weapon used – firearms, knives, blunt objects, or even vehicles can be classified as deadly weapons.
  • The severity of the victim’s injury – injuries must be substantial to qualify as “serious injury.”
  • The intent of the accused – proving intent to kill can elevate the charge.
  • Criminal history – prior offenses can lead to enhanced sentencing.

If you or a loved one is facing AWDW Serious Injury or misdemeanor charges in North Carolina, having an experienced criminal defense attorney can make all the difference. The legal team at Garrett, Walker, Aycoth & Olson, Attorneys at Law, is ready to defend your rights and build the strongest possible case on your behalf. Contact us today for a consultation.

Potential Penalties

A conviction for Assault with a Deadly Weapon in North Carolina can have long-lasting consequences, including:

  • Significant Prison Time: Felony convictions may lead to years behind bars.
  • Heavy Fines: Financial penalties can be substantial.
  • Permanent Criminal Record: A felony record can affect employment, housing, and personal relationships for a lifetime.
  • Collateral Consequences: Loss of civil rights, including voting rights and firearm possession.

How We Defend Your Case

At Garrett, Walker, Aycoth & Olson, we understand that every case is unique. Our comprehensive defense strategy includes:

  • Thorough Case Analysis: We meticulously review all evidence—police reports, witness statements, and forensic data—to identify weaknesses in the prosecution’s case.
  • Challenging the Evidence: We scrutinize the methods used to gather evidence and question whether the elements of the offense, whether felony or misdemeanor, have been legally and sufficiently established.
  • Aggressive Negotiations & Trial Experience: Whether through skilled plea negotiations over battery charges or taking your case to trial, we are committed to reducing or dismissing the charges against you.
  • Personalized Defense: We craft a defense strategy tailored to the specifics of your case, including exploring self-defense claims, lack of intent, or procedural errors in the investigation.

Why Choose Garrett, Walker, Aycoth & Olson?

  • Extensive Experience: Our felony attorneys have decades of combined experience defending clients against serious felony charges.
  • In-Depth Knowledge of North Carolina Law: We are well-versed in local statutes, case law, and courtroom procedures to provide you with an aggressive defense.
  • Client-Centered Approach: We ensure that you are informed and involved at every stage, offering compassionate guidance during one of the most challenging times of your life.
  • Proven Track Record: Our history of successful defenses demonstrates our commitment to fighting tirelessly for your rights.

Get the Defense You Deserve

When facing an Assault with a Deadly Weapon or battery felony charge in North Carolina, time is of the essence. Don’t navigate the complexities of the legal system alone. Let the experienced team at Garrett, Walker, Aycoth & Olson, Attorneys at Law provide the robust defense you need to protect your future.

Call 336-379-0539 today for a free, confidential consultation.

FAQ: AWDW Serious Injury – How to Fight Your Case

  1. What does AWDW stand for? AWDW stands for Assault with a Deadly Weapon. It is a serious charge that involves using a weapon to cause harm or threaten another individual.
  2. What constitutes a serious injury in an AWDW case? A serious injury in an AWDW case typically refers to any injury that poses a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a body part or organ.
  3. How can I defend myself against an AWDW serious injury charge? Defending against an AWDW serious injury charge involves gathering evidence, identifying witnesses, and possibly demonstrating self-defense or lack of intent. Consulting with a skilled attorney who specializes in criminal defense is crucial.
  4. What are the potential penalties for an AWDW serious injury conviction? Penalties for an AWDW serious injury conviction can include significant prison time, hefty fines, probation, and a permanent criminal record. The severity of the penalties often depends on the specifics of the case and prior criminal history.
  5. Can the charges be reduced or dismissed? Yes, charges can sometimes be reduced or dismissed based on the evidence, witness testimonies, or procedural errors in the case. An experienced attorney can negotiate with prosecutors or challenge the evidence to seek a favorable outcome.
  6. How important is it to hire a lawyer for an AWDW serious injury case? Hiring a lawyer is crucial in an AWDW serious injury case due to the complexity and severity of the charges. A knowledgeable attorney can provide expert guidance, build a strong defense, and advocate on your behalf in court.
  7. What should I do immediately after being charged with AWDW serious injury? If charged with AWDW serious injury, it is important to remain calm, avoid discussing the case with anyone other than your attorney, and seek legal counsel immediately to protect your rights and begin building your defense.
  8. What does awdwikisi mean? AWDWIKISI stands for Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury. This charge indicates an alleged intent to kill the victim while using a deadly weapon, resulting in serious injury. It is considered a highly severe offense with significant legal consequences.
  9. What is the most serious assault charge? The most serious assault charge is typically Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury (AWDWIKISI). This charge involves using a deadly weapon with the intent to kill, resulting in serious injury to the victim. It carries severe legal consequences, including lengthy prison sentences, due to the grave nature of the offense and the intent to cause fatal harm.