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NC General Statutes

N.C. Gen. Stat. § 14-34.2 (2026)

Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers

✓ current as of July 2026
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Unless a person's conduct is covered under some other provision of law providing greater punishment, any person who commits an assault with a deadly weapon upon an officer or employee of the State or of any political subdivision of the State, a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter 116 of the General Statutes, in the performance of an official duty is guilty of a Class E felony. (1969, c. 1134; 1977, c. 829; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1981, c. 535, s. 1; 1991, c. 525, s. 2; 1993, c. 539, s. 1142; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 687, s. 2; 1995, c. 507, s. 19.5(i); 2005-231, s. 6.1; 2023-76, s. 4.)

 

Notes of Decisions
Cited in 45 cases (3 in the last 5 years), 1972–2026 · leading case: State v. Smith, 650 S.E.2d 29 (N.C. Ct. App. 2007).
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State v. Smith, 650 S.E.2d 29 (N.C. Ct. App. 2007). · cites it 4× “N.C. Gen. Stat. § 14-34.2 (2005). The North Carolina Supreme Court has defined a deadly weapon as “any instrument which is likely to produce death or great bodily harm under the circumstances of its use.”
United States v. Tomonta Simmons, 917 F.3d 312 (4th Cir. 2019). · cites it 5× “The most serious violation was the crime of AWDWOGO, N.C. Gen. Stat. § 14-34.2 , which, Probation argued, Simmons committed while fleeing from Trooper Altman.”
State v. Partin, 269 S.E.2d 250 (N.C. Ct. App. 1980). · cites it 17× “By various assignments of error, defendants contend that the constitutional prohibition against double jeopardy has been violated in this case in that defendants have been twice held in jeopardy of the same offense by their being convicted under G.S. 14-34.2 and G.S. 14-33…”
State v. Coria, 508 S.E.2d 1 (N.C. Ct. App. 1998). · cites it 14× “N.C. Gen. Stat. § 14-34.2 . Each offense requires proof of specific elements that the other does not.”
State v. Irick, 231 S.E.2d 833 (N.C. 1977). · cites it 3× “G.S. 14-34.2 provides as follows: “Any person who shall commit an assault with a firearm upon any law enforcement officer or fireman while such officer or fireman is in the performance of his duties shall be guilty of a felony .”
State v. Avery, 337 S.E.2d 786 (N.C. 1985). · cites it 3× “Defense counsel contended at the trial that knowledge that the victim is a law enforcement officer in the performance of his duties is an essential element of the crime of assault with a firearm upon a law enforcement officer in violation of G.”
State v. Cook, 594 S.E.2d 819 (N.C. Ct. App. 2004). · cites it 8× “N.C. Gen.Stat. § 14-34.2 (2003). The term "deadly weapon" is defined at common law as any instrument which can produce death or great bodily harm, depending on the circumstances of its use.”
State v. Spellman, 605 S.E.2d 696 (N.C. Ct. App. 2004). · cites it 3× “As defined by N.C. Gen. Stat. § 14-34.2 (2003), an individual is guilty of assault with a deadly weapon on a government official where the individual: (I) commits an assault; (II) with a firearm or other deadly weapon; (III) on a government official; (IV) who is performing a…”
State v. Gardner, 736 S.E.2d 826 (N.C. Ct. App. 2013). · cites it 2× “N.C. Gen. Stat. § 14-34.2 (2011). Felony fleeing to elude arrest, coupled with the two aggravating factors in this circumstance, is a less serious, Class H felony.”
State v. James, 735 S.E.2d 627 (N.C. Ct. App. 2012). · cites it 4× “North Carolina General Statutes, section 14-34.2 provides that “an individual is guilty of felony assault with a deadly weapon on a government official where the individual: (i) commits an assault; (ii) with a firearm or other deadly weapon; (iii) on a government official; (iv)…”
State v. Dix, 193 S.E.2d 897 (N.C. 1973). · cites it 3× “Defendant's criminal conduct, of course, created grave risks for himself and all those whom he involved.”
State v. Brewington, 612 S.E.2d 648 (N.C. Ct. App. 2005). · cites it 2× “Under the facts of this case, in order to convict defendant of N.C. Gen. Stat. § 14-34.2 (2003), assault upon a governmental officer with a deadly weapon, the State only had to prove assault with a deadly weapon upon an officer of a political subdivision of this State.”
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— N.C. Gen. Stat. § 14-34.2(1) — 1 case
State v. Allen, 435 S.E.2d 802 (N.C. Ct. App. 1993).
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