Last updated: July 22. 2014 12:09AM - 2194 Views
By - cfriedman@civitasmedia.com

McClatchy-Tribune News Service photo
McClatchy-Tribune News Service photo
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ROCKINGHAM — A woman accused of an attack with a case of sodas is facing an assault with a deadly weapon charge.

Tina Harrington, 42, of 1314 Cauthen Drive, was arrested Friday on the misdemeanor charge. Coletha Sharnae Battle of Cabel Boulevard accused Harrington of hitting her in the leg with the case of sodas earlier that day, according to an arrest warrant.

Battle gave verbal testimony to a Richmond County magistrate, who issued the warrant for Harrington’s arrest. Court documents do not indicate that police investigated the alleged assault.

North Carolina law specifies that an assault inflicting serious injury or an assault with a deadly weapon is punishable as a Class A1 misdemeanor, but the statute does not define the term “deadly weapon.”

Case law suggests that the definition of a “deadly weapon” can vary and is not necessarily the same as the legal definition of a “dangerous weapon.” The N.C. Supreme Court ruled in the 2007 case State v. Hinton that hands and feet could not be considered dangerous weapons in a robbery case.

A Texas appeals court defined a deadly weapon as “one in which the manner used is capable of producing death or of inflicting great bodily injury or seriously wounding,” which indicates any object capable of causing significant physical harm can meet the definition when used in an assault.

A defendant with no prior convictions who is found guilty of a Class A1 misdemeanor faces up to 60 days of probation, community punishment or active prison time under state structured sentencing rules.

Harrington served probation for a July 2006 conviction of driving while impaired in Richmond County, N.C. Division of Adult Correction records show. She also has a pending DWI charge in Richmond County District Court.

Harrington was jailed Friday morning and was released Saturday morning on a $500 secured bond. She’s scheduled to appear in court on the assault charge Aug. 8.

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