Breaking Down The Accusation of Felony Assault by Strangling
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 defendant’s behavior falls under the definition of assault, meaning that the defendant engaged in threatening behavior that generated immediate concern for the well-being of surrounding parties
- The defendant threatened another person with their behavior
- The defendant came into contact with the other party in such a way as to leave behind physical injuries
- The defendant specifically engaged in strangulation at some point while in contact with the other party
There are several unique factors to break down when considering this charge, including the definition of strangulation. According to North Carolina Criminal Pattern Jury Instruction, the state classifies strangulation as any behavior that restricts the flow of blood or air through the neck, such as by external pressure, hanging, or garrotes.
Classify A Physical Injury Resulting From Felony Assault by Strangulation
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:
- Cuts
- Scrapes
- Bruises
A victim must be able to indicate permanent disfigurement, loss of consciousness, loss of an organ or body part, and/or protracted impairment to pursue a felony assault inflicting physical injury by strangulation claim.
Repercussions for Felony Assault Resulting in Physical Injury by Strangulation in North Carolina
As mentioned, felony assault resulting from physical injury via strangulation constitutes a Class F felony in the eyes of North Carolina criminal courts. A Class F felony can see the accused face between 10 and 41 months imprisonment. Convicted parties will also receive points on their long-term records, which may impact future charges, if applicable.
A Class F felony is considered a mid-tier felony, as it is not the most severe nor the most lenient of these charges. However, the charges brought against an allegedly liable party may grow more severe if the accused was in possession of a dangerous weapon or can be accused of battery as well as felony assault.
The State Must Uphold the Burden of Proof in Your Case
The standards that the prosecution needs to meet to pursue a felony assault inflicting physical injury via strangulation case are quite specific. The prosecution must uphold the burden of proof established by the aforementioned definitions if they want to press comprehensive criminal charges against an offending party.
That specific definition does make it easier, however, for our team to challenge these kinds of charges should you be contending with an unjust accusation. We can point out the ways a prosecutor’s argument falls short of the definition of felony assault and fight to reduce or waive the charges brought against you.
Additional Defenses Against Felony Assault Inflicting Physical Injury by Strangulation Charges
In addition to arguing the burden of proof, a strangulation defense attorney can help you present your side of the story after an alleged felony assault. Specifically, our team can help you argue that you:
- Were operating in self-defense
- Had received consent to engage in said behavior
- Did not intend to do the alleged victim harm
You can discuss the nature of your case and possible defenses against your charges with a strangulation defense attorney in North Carolina.
North Carolina Felony Defense Lawyers Advocate for Your Fair Trial
Accusations of felony assault inflicting physical injury by strangulation can see you lose control of your future should you let them go unchallenged. You don’t have to let an accuser or state representative misrepresent your case, though. You can contact King Law, instead, and let our criminal defense attorneys stand with you in court.
Get in touch with our team by calling our office at (888) 748-5464 or (888) 748-KING. You can alternatively schedule a consultation with our strangulation defense attorneys using our contact form. We’re ready to stand with you as you take back control of your future.