State v. Tillery

In State v. Tillery, 186 N.C. App. 447, 450, 651 S.E.2d 291, 294 (2007), the Court stated the primary distinction between assault with a deadly weapon inflicting serious injury and the lesser included offense of misdemeanor assault inflicting serious injury as follows: "felonious assault requires a showing that a deadly weapon was used and serious injury resulted, while if the evidence shows that only one of the two elements was present, i.e., that either a deadly weapon was used or serious injury resulted, the offense is punishable only as a misdemeanor." Id. at 449, 651 S.E.2d at 293.