What is the difference between assault and assault by strangulation?

While assault and assault by strangulation seem to only differentiate in name (one being by strangulation and one not), the differences are far more severe. In a simple assault charge, governed by NCGS § 14-33, the penalties range from different levels of misdemeanors. Depending on who you assault would determine how heavy the charge is. For example, simple assault is a Class 2 misdemeanor. But if you assault, for example, a pregnant woman, you are now charged with a Class A1 misdemeanor. The difference is about 100 days in jail and larger fines. When looking at NCGS § 14-32.4, the statute tells us that when strangulation is involved, the charges go from a misdemeanor to a Class H felony. A Class H felony carries a maximum punishment of 39 months, along with other fines. The difference may not seem to be as big, but the difference between a misdemeanor and a felony is drastically different. Being a felon comes with more than just prison time. As a felon, you lose the right to vote while serving your sentence and you a permanently barred from owning a firearm. Additionally, felons have a particularly hard time seeking employment due to employers unwilling to risk hiring a felon to work in the workplace.

Why is Assault by Strangulation Charged Differently than Simple Assault?

Strangulation is much more dangerous than people realize because it directly cuts off oxygen to the brain and vital organs. Oxygen deprivation often leads to unconsciousness and sometimes, death. On top of this, the psychological impact can be drastic. The experience of being strangled can cause intense fear, anxiety and trauma. The feeling that you could die at the hands of someone else leaves lasting emotional scars. Due to this heightened probability of damage beyond the physical, assault by strangulation is treated as a crime that is worse than simple assault.

What if I am Charged with Assault by Strangulation?

As stated above, assault by strangulation can lead to penalties and repercussions that no one wishes to handle. If you are charged with assault by strangulation, building your defense is essential to your case. The attorneys at Jetton & Meredith, with over a decade of legal expertise, can help you if you are caught in a situation where you are charged with assault by strangulation.

If you are in an emergency situation, 9-1-1 should be your first call. For professional legal assistance, call the attorneys of Jetton & Meredith.