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

Posted by Josh Valentine | Mar 28, 2018 | 0 Comments

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 free consultation to new clients, so do not hesitate to call us now.

About the Author

Josh Valentine

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 that 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. Before attending law school, I worked for a law firm focused on record clearing services, including expungements, pardons, and motions for appropriate relief.  The vast experience and understanding of North Carolina's expungement laws that I have acquired has given me an advantage in defending criminal charges, because not only do I fight for the best possible outcome in your case, but I am also continually conscious of the long term effects that a criminal charge or conviction can have on a person's life.  As such, I will do whatever I can to insure that my clients will not end up with a criminal record.  I was born in New London, Connecticut, but spent the first few years of my life in Dallas, Texas, before moving to Rutherfordton, North Carolina in 2001.  Upon graduating from high school, I attended Gardner-Webb University in Boiling Springs, North Carolina, where I majored in Accounting.  Eager to finish school, I began law school at Charlotte School of Law the day of my graduation from GWU, and completed my law degree in two years (instead of the typical three). During law school, I studied hard and strived to acquire the most experience possible so that I would be practice ready upon graduation.  The opportunities I gained included prosecuting criminal defendants through an externship with the Burke County District Attorney's Office, defending criminal defendants through Charlotte School of Law's Criminal Justice Clinic, and interning with Farmer & Morris, PLLC. I am blessed with a beautiful wife, Gabrielle Valentine, who is an attorney at Farmer & Morris, PLLC, in Rutherfordton, North Carolina.  In my free time, I enjoy helping with the youth group in my church, playing basketball and softball in our local church leagues, serving in the prison ministry, and spending time with my family.  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

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