Assault by Strangulation
Assault inflicting physical injury by strangulation occurs when a person commits an assault on another and inflicts physical injury by strangulation. The NC Criminal Laws do not specifically define what is assault.
The common law creates a clear understanding of assault in North Carolina. Strangulation is a type of assault and is deemed a felony offense.
Assault may involve criminal allegations of using force or the threat of force, and the intent to physically injure or harm another person. That may involve the show of force or violence. Criminal defense lawyers may call that "menace of violence" when a reasonable person may be in fear of immediate physical injury.
In other words, assault is any action that shows force or violence and that may cause a reasonable person to fear for she or he will suffer immediate physical injury.
North Carolina criminal charges also recognize battery as a type of "assault." Battery often involves the actual application of force. It does not matter how slight that use of force may be.
A battery can be the indirect or direct use of force to another. Hitting or punching someone might be deemed a legal battery. Given batter is the actual use of force or touching the person of another, fear over possibly getting struck or punch, may not be necessary under the law.Assault by Strangulation in NC
Assault by strangulation differs from other forms of assault (such as simple assault or assault on a female) in that assault by strangulation requires resulting physical injury by strangulation. Strangulation charges may involve accusations of pressure on the throat. That may affect breathing or circulation of the blood to the brain.
Criminal defense lawyers review the fact patterns of such charges, as any stop in the supply of blood by applying pressure, the throat, the neck or by blocking the nose or mouth, thus affecting breathing, may result in being charged with assault by strangulation and other domestic violence charges.
If that results in difficulty breathing, whether or not that ends in long-term permanent bodily injury or disability, an indictment for felony charges may be in order.
The criminal laws in the general statute do not specifically define what is physical injury. case law Evidence of cuts, bruises, and scrapes as forms of physical injury may serve as sufficient evidence for a conviction. . The statute also does not define "strangulation."
Assault by strangulation is a class H felony under North Carolina General Statute 14-32.4(b). The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing.Lawyers Who Handle Assault Charges in Fayetteville
The Beaver Courie law firm helps people in Fayetteville, North Carolina. Our criminal defense lawyers help people with criminal charges. Those may include allegations of domestic violence, assault, battery, and felony assault by strangulation.