Multiple Assault Convictions Based on the Same Conduct

North Carolina has a number of different assault crimes, like simple assault, assault on a female, assault with a deadly weapon, and so on.  We also have a confusing body of case law regarding the propriety of multiple assault convictions based on a single course of conduct.  For example, can a defendant who assaults his wife with a knife be convicted of both assault on a female and assault with a deadly weapon? The critical case in this area is State v. Ezell, 159 N.C. App. 103 (2003).  In Ezell, the court considered whether a defendant could be convicted of assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI) and assault inflicting serious bodily injury (AISBI) based on the same conduct.  The defendant argued no, claiming that double jeopardy precluded the multiple convictions. The court started off in the right direction, noting that double jeopardy prohibits multiple punishments for the same offense, and that the test for whether two crimes are the "same offense" is the same-elements test established in Blockburger v. United States, 284 U.S. 299 (1932).  Essentially, the questions is whether each offense contains at least one element that the other does not.  If so, they are separate offenses and the defendant may be convicted of both.  If not, the offenses are either the same offense, or one is a lesser-included offense of the other, in which case double jeopardy normally precludes conviction of both. Plainly, AWDWIKISI and AISBI each have distinct elements and so [...]