Cleveland County Man Arrested After 7-Hour Standoff For Firing Shots At His Grandfather

Posted by Josh Valentine | Mar 28, 2018

A Shelby County man was recently arrested after a 7-hour standoff with local police. According to reports, the 33-year-old man was involved in an altercation with his grandfather that turned violent. As the grandfather drove away, the young man fired several gunshots in the direction of the car.

At least one of the bullets struck the grandfather, causing him to lose control of the car and crash into a nearby church. After a lengthy standoff with police, the young man gave himself up and was arrested. The man is facing criminal charges for assault with a deadly weapon with intent to kill inflicting serious injury.

What is Assault?

In North Carolina, the crime of assault can be defined in one of two ways. First, assault can mean making unlawful physical contact with another person. Physical contact is unlawful if it is harmful, offensive, or made without the other person's consent. Second, assault can mean performing a “show of violence” against another person. A show of violence means making threats of violence in an effort to intimidate someone.

Assault With a Deadly Weapon

The crime of assault is aggravated when a person uses a deadly weapon to commit the crime. Since the likelihood of causing serious injury or death is much greater, the penalties imposed can be harsher.

North Carolina defines assault with a deadly weapon to mean:

  1. Assaulting another person
  2. With a deadly weapon, and
  3. With the intent to kill and/or inflict serious bodily injury.

What is a Deadly Weapon?

North Carolina does not explicitly define what a “deadly weapon” is. However, courts will generally consider a deadly weapon to include any item or object that can be used to cause great bodily harm or death. This can include items that have a relatively innocent primary purpose. High heels, hand tools, and pillows are all items that, when used for malicious purposes, could have the ability to inflict serious injury or death.

Penalties for Assault With a Deadly Weapon

Assault with a deadly weapon is a felony in North Carolina. However, the type of felony that can be charged will depend on:

  1. The defendant's intent when committing the crime, and
  2. Whether the victim was harmed.

Assault with a deadly weapon will be a Class E Felony, punishable by 63 months in prison, when:

  • The defendant acts with the intent to kill or seriously injure a victim.

Assault with a deadly weapon will be a Class C Felony, punishable by 182 months in prison, when:

  • The defendant acts with the intent to kill and inflicts serious injury, or
  • The defendant acts with the intent to kill.

Fight Criminal Charges in North Carolina

If you have been arrested for assault in North Carolina, call Caulder & Valentine for immediate assistance. Our criminal defense attorneys can help you fight any criminal charges that the state may decide to file. Fighting today will help protect your future. We offer a consultation to new clients, so do not hesitate to call us now.

About the Author

Josh Valentine

You could say Josh has a God-given ability for sustaining long-term relationships. He and his wife first met in elementary school and went to Gardner Webb University (GWU) together, where they tied for number 1 in their class. Then, they both started law school on the same day of their graduation and got married during their first semester. He has also known his law partner Blake Caulder since Kindergarten. Theirs is the perfect partnership. “He’s the brake; I am the accelerator,” Josh says. Both Josh and his wife attended an innovative program at Charlotte Law School that allowed them to complete law school in two years instead of the typical three. His wife graduated and passed the North Carolina bar at age 20, becoming one of the youngest attorneys in the state. He readily admits she’s smarter than him. Of course, Josh went on to pass the North Carolina State Bar himself and later the South Carolina State Bar. While in school, he was Associate Editor of the Law Review and received accolades like Phi Delta Phi International Legal Honor Society membership, Order of the Crown, Pro Bono Honors, CALI Awards (highest grade). In his career as a lawyer, he has been admitted to the United States Federal Court for the Western District of North Carolina, is a member of the American Association of Premier DUI Attorneys, and completed training for DWI Detection & Standardized Field Sobriety Testing. Josh has also been named to the Top 40 Under 40 for Criminal Defense by The National Trial Lawyers, the Business North Carolina 2019 Legal Elite for Criminal Defense, and the 10 Best Attorneys for Client Satisfaction by the American Institute of Criminal Law Attorneys three years in a row (2016, 2017, and 2018). Community involvement has been important to Josh all his life. In high school, he participated in building a Holocaust museum that has become internationally regarded. He and his wife are actively engaged in animal rescue, which currently means seven cats and two kittens. He served in prison ministry and assisted with fundraiser banquets there, and he provides pro bono and reduced fee legal services to those in need. As if all of that weren’t enough, Josh also mentors high risk youth and helps with his church’s youth group. He participates in other community volunteer projects involving construction, remodeling, drywall, painting, and landscaping. He’s an active student of the Bible and has traveled to Israel, Brazil, and Europe for mission work. No one can say Josh isn’t a well-rounded individual. In his spare time, he likes to play softball, basketball, and tennis, and he can play the piano and trombone. Sometimes on weekends, believe it or not, he enjoys pouring and finishing concrete with friends who own a concrete and grading business. In his law practice, Josh has made it a point to develop positive relationships with officers, clerks, and district attorneys, which has proven invaluable in delivering positive results for his clients. It’s important to him to both listen to his clients and fight for them. Law enforcement officers have important responsibilities to keep our communities safe and uphold the law, but one of the responsibilities of attorneys is to make sure officers do their job correctly. Josh considers it his job to hold them accountable for their actions. Josh is a person of deep faith. He knows that the established order of our universe and strength of America’s Judeo-Christian influenced court system is built on God’s word. His passion to serve each client with innovation, excellence and integrity is a byproduct of his faith. When asked why he became a lawyer, Josh says, “All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits, and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person who was best situated to provide that vital support was their lawyer. So that’s why I became an attorney. I understand what you are going through, and I’m here to help you. Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life.” Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar