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Strangulation is one of the most dangerous forms of assault, yet it often leaves few visible injuries. Although strangulation leaves little to no visible injuries, the emotional scars that are left can be very long lasting. Studies show that strangulation is a leading predictor of future homicide in domestic violence cases. Due to the deeply impacting consequences of strangulation, North Carolina has classified assault by way of strangulation as a crime much more serious than simple assault. Let’s take a closer look at what the law says, how it’s enforced, and what you need to know—whether you’re a concerned citizen, a parent, or simply someone trying to understand the criminal justice system.
What is the Difference Between Assault and Assault by way of Strangulation?
Assault alone is a class 2 misdemeanor with consequences that range from fines to a maximum of 60 days in jail. While the consequences for this crime seem light, assaulting by way of strangulation elevates a simple assault into a Class H felony. A Class H felony comes with fines, registration as a felon, and worst of all, a maximum of 39 months in prison. Under NCGS § 14-32.4, assault by strangulation has 4 elements. A person is guilty of this offense if the person commits an assault, on another AND, inflicts physical injury, by strangulation. What this means is that once you strangle a person, whether it be during an altercation or without one at all, and the victim becomes physically injured, you are then no longer on the hook for just assault. You are now going to be charged with a felony.
What Should I do if I get Charged with Assault by Strangulation?
Assault by strangulation is a serious felony charge in North Carolina, and it carries significant legal consequences. But being charged does not mean a person is guilty. These cases are often complex, and the facts matter. If you or a loved one is facing this type of allegation, it’s crucial to have an experienced defense attorney who understands how to challenge the evidence and protect your rights.
The attorneys at Jetton & Meredith have more than enough experience dealing with this kind of charge and can help you or your loved one when facing such a serious charge.