Any assault crime is prosecuted aggressively by law enforcement in North Carolina. Assault by strangulation is a serious assault crime in our state and is often charged in domestic violence cases. If you are convicted of this felony crime, you are facing harsh penalties that can include a jail or prison sentence.
What Is Assault by Strangulation?
There are three elements of the crime of assault by strangulation that the prosecutor must prove beyond a reasonable doubt. They are:
- Assault on another person. In order for someone to be convicted of this crime, there must be an assault on another person. The action must be an overt act or an attempt to act with force or physical violence that causes physical injury for this element to be satisfied.
- Infliction of physical injury. The second element that must be proven is the infliction of physical injury. There must be more than physical contact or touching someone. In order for there to be infliction of physical injury, there must be cuts, bruises, scrapes, or other physical injuries.
- Strangulation. The final element of this offense is strangulation. Strangulation can be the wrapping of hands around an individual’s throat that causes him to lose consciousness or a less violent act, such as applying pressure that causes him to have difficulty breathing. If the element of strangulation is proven, the court will infer that there was sufficient force or violence to establish that an assault on another person was committed.
Penalties for Assault by Strangulation
Assault by strangulation is a Class H felony. If convicted, your sentence will depend in part on your prior criminal record. You could be sentenced to a 4- to 25-month jail or prison sentence. In addition, you would have a permanent criminal record.
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