How Long Does Expungement Take in NC? What to Expect at Every Stage
Expungement in North Carolina is the legal process of petitioning a court to remove a charge or conviction…
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Home » Practice Areas » North Carolina Assault Defense Lawyer » North Carolina Felony Assault Inflicting Physical Injury by Strangulation
North Carolina takes a complex view of felony assault when assessing an alleged encounter between violent parties. Some courts may choose to quantify accusations of assault to charge a defendant with more damning consequences for their alleged behavior. Unfortunately, these qualifications can unbalance the scales of justice.
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Whether you’ve been charged with a misdemeanor or felony assault or battery, you should contact an experienced criminal defense attorney as quickly as possible for assistance in avoiding the heavy penalties you’re facing.
First and foremost, “assault” is not the same thing as “battery.” A person can be charged and convicted of assault without ever putting their hands on another person. In instances where you face charges of felony assault inflicting physical injury by strangulation, however, the lines between assault and battery begin to blur. Specifically, North Carolina classifies felony assault inflicting physical injury by strangulation as a Class H Felony. The state claims that to hold someone accountable for this charge, the prosecution must indicate that:
The other term that has to be defined in this definition is “physical injury.” In some assault cases, victims can claim emotional injury as evidence of assault. Here, however, serious bodily injuries allowing a victim to pursue a strangulation case must appear in General Statutes: Assault. This statute specifically states that serious injuries must put a victim at risk of death. More specifically, these injuries are classified by their serious permanently disfiguring qualities or the victim’s need for prolonged hospitalization. The state further elaborates on this definition in its statutes, stating that none of the following constitute serious injury:
Expungement in North Carolina is the legal process of petitioning a court to remove a charge or conviction…
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Our criminal law attorneys defend clients against felony and misdemeanor charges in North and South Carolina. We understand how intimidating it is to be charged with a crime and face the criminal justice system.
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Do not risk an assault conviction by acting rashly or attempting to resolve your case independently. Act in your best interest by seeking professional legal help from an experienced criminal defense attorney. Dealing with assault charges can be stressful. Having a lawyer by your side can make aspects of your case more manageable and reveal that you have more options than you previously knew.
King Law has the necessary knowledge, experience, and resources to handle your simple assault case. We are a firm of highly-trained legal professionals committed to serving our clients well. We provide various services to our clients that may be able to secure a favorable outcome, like evaluating the details of their case, building a solid defense, questioning the validity of weak evidence, and protecting clients from unethical prosecution practices. Learn more about how our firm can help you by calling (888) 748-5464 or filling out our online contact form.