A 21-year-old Charlotte man who struck another man twice in the head with a pistol and then fired at him as he fled will spend just 44 days behind bars. Jamario Smith pleaded guilty to assault with a deadly weapon over the February 24, 2025 attack on Parkwood Avenue, and a judge handed down the 44-day jail sentence at his 2026 trial.
According to Charlotte Alerts News, Smith hit the victim twice in the head with a pistol before shooting at him multiple times as the man ran away. Smith was arrested within a week of the shooting, the outlet reports, though more than a year passed before his case reached final disposition this year.
Why the Charge Never Became a Felony
The relatively light sentence traces directly to how the charge was classified under state law. Under North Carolina General Statutes § 14-33(c), assault with a deadly weapon that does not cause serious injury or involve proven intent to kill is treated as a Class A1 misdemeanor — the most serious misdemeanor category the state recognizes, according to Manning Law Firm. The same statute, cited separately by Randall Law, notes that assault with a deadly weapon only escalates to a Class C or Class E felony — carrying prison terms of 15 to 92 months or more — when there is intent to kill or serious bodily injury.
Because the victim fled the scene without documented serious injuries, and without a charge alleging intent to kill, prosecutors resolved Smith’s case as a misdemeanor rather than a felony. That distinction mirrors how North Carolina courts have historically drawn the line between violent altercations: a 2020 Charlotte case in which a suspect pistol-whipped a 17-year-old three times and fired at a vehicle was instead charged as felony assault with intent to kill, per WSOC-TV’s reporting on that incident.
How a 44-Day Sentence Fits the Guidelines
North Carolina’s misdemeanor structured sentencing guidelines allow a maximum active jail term of up to 150 days for a Class A1 misdemeanor, with the exact range depending on a defendant’s prior criminal history, according to Browning & Long, PLLC. For defendants with no prior record, sentencing ranges can start as low as 1 to 60 days, placing Smith’s 44-day term within the lower end of what the law allows…