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Assault charges in North Carolina can carry serious legal consequences, especially when aggravating factors are involved. One of the most severe assault-related charges is assault by strangulation, which is treated differently under North Carolina law due to the significant risk of injury or death associated with restricting someone’s airway.
Understanding how assault by strangulation is defined and prosecuted in North Carolina is important for anyone facing charges or seeking information about this serious offense.
What Is Assault by Strangulation in North Carolina?
Under North Carolina General Statute § 14-32.4, assault by strangulation occurs when a person assaults another individual and intentionally impedes their breathing or blood circulation by applying pressure to the neck or throat.
Unlike simple assault, which is typically charged as a misdemeanor, assault involving strangulation is classified as a Class H felony.
This distinction is important because felony charges carry far more serious long-term consequences than misdemeanors.
Potential Penalties for Assault by Strangulation
A Class H felony in North Carolina can result in:
Up to 39 months of imprisonment, depending on prior criminal record level
Probation, fines, and court costs
A permanent felony record
In addition to criminal penalties, a felony conviction can impact many areas of life, including:
Loss of firearm rights
Difficulty finding employment
Restrictions on housing opportunities
Loss of voting rights while incarcerated
Even after a sentence is completed, the long-term consequences of a felony conviction can follow someone for years.
Why Is Assault by Strangulation Treated More Seriously Than Simple Assault?
Strangulation is considered particularly dangerous because it restricts oxygen and blood flow to the brain. Even a short interruption of oxygen can cause loss of consciousness, brain injury, or death.
Medical professionals and law enforcement recognize that strangulation can cause serious harm even when there are few visible injuries.
Beyond the physical risks, strangulation often has a significant psychological impact. Victims frequently experience intense fear, trauma, and long-lasting emotional distress due to the life-threatening nature of the act.
Because of these factors, North Carolina law treats assault by strangulation as a felony offense, recognizing the heightened danger involved compared to other forms of assault.
Defending Against Assault by Strangulation Charges in Charlotte, NC
Being charged with assault by strangulation can have serious legal consequences, but every case depends on the specific facts and evidence involved. Building a strong legal defense is critical when facing felony charges.
The experienced criminal defense attorneys at Jetton & Meredith have spent more than a decade helping individuals navigate complex criminal charges in Charlotte and throughout North Carolina. Our team works closely with clients to evaluate evidence, protect their rights, and pursue the best possible outcome in their case.
Speak With a Charlotte Criminal Defense Attorney
If you or a loved one has been charged with assault by strangulation in North Carolina, it is important to speak with a qualified criminal defense attorney as soon as possible.
The attorneys at Jetton & Meredith represent clients throughout Mecklenburg County, Cabarrus County, Union County, Iredell County, Gaston County, and the greater Charlotte area.
If you are experiencing an emergency, call 911. For legal guidance regarding assault charges, contact Jetton & Meredith to discuss your situation.