North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What is a potential consequence of heavy fighting that would classify it as aggravated misdemeanor affray?

1. Public intoxication

2. Use of a deadly weapon

3. Non-violent altercation

4. Escaping the scene

The correct answer is: Use of a deadly weapon

The classification of an altercation as an aggravated misdemeanor affray hinges on the presence of serious circumstances surrounding the fight. A key factor that elevates the severity of an affray is the use of a deadly weapon. When an individual employs a weapon during a physical confrontation, it significantly increases the potential for severe injury or death, demonstrating a higher degree of threat to public safety. This not only exacerbates the danger posed to those involved but also to bystanders. The legal definition reflects this seriousness, as an altercation that includes the use of a deadly weapon is viewed as far more dangerous and harmful than situations without such an escalation. In contrast, public intoxication, non-violent altercations, and escaping the scene do not inherently involve the same level of threat or violence that would typically classify an incident as aggravated misdemeanor affray. Thus, while those behaviors may involve legal implications, they do not rise to the same level of severity as the use of a deadly weapon in an altercation.