Assault by Strangulation in North Carolina: Understanding the Law and Your Rights
Assault by strangulation is a serious criminal offense in North Carolina, classified as a Class H felony under G.S. 14-32.4(b). This crime involves the act of assaulting another person and inflicting physical injury by strangulation. Strangulation is defined as the application of pressure to the neck, obstructing blood flow or air passages, which can result in severe physical injury or even death.
Key Elements of Assault by Strangulation:
- Assault: The perpetrator must commit an assault against another person.
- Strangulation: The act must involve strangulation, which can be done using hands, objects, or any means that apply pressure to the neck.
- Physical Injury: The victim must suffer physical injury as a result of the strangulation. This injury can include bruising, loss of consciousness, or other significant physical effects. North Carolina law does not require proof of complete closure of the airway; rather, it focuses on the application of pressure that causes difficulty in breathing, swallowing, or blood flow. This means that even if the victim does not suffer a complete inability to breathe, the act can still be classified as assault by strangulation.
Legal Consequences: Being convicted of assault by strangulation can lead to severe penalties. As a Class H felony, it carries potential consequences including imprisonment, fines, probation, and a permanent criminal record. The specific sentence can vary based on factors such as the defendant’s prior criminal record, the severity of the injury inflicted, and any aggravating or mitigating circumstances. Given the serious nature of these charges, it is crucial to have a strong legal defense to protect your rights and ensure a fair trial.
Defending Against Assault by Strangulation Charges: When facing charges of assault by strangulation, it is essential to seek legal representation from experienced criminal defense attorneys. A skilled lawyer can investigate the circumstances of the case, gather evidence, and develop a strategic defense to challenge the prosecution’s case. Potential defenses may include self-defense, lack of intent, or challenging the credibility of the evidence presented by the prosecution.
Why Choose Doermann Edwards, PLLC? At Doermann Edwards, PLLC, we are dedicated to providing top-notch legal representation for individuals facing criminal charges, including assault by strangulation. Our team of experienced attorneys understands the complexities of North Carolina’s legal system and is committed to achieving the best possible outcome for our clients. We take a personalized approach to each case, ensuring that our clients receive the attention and support they need during this challenging time.
Our Services:
- Criminal Defense: Experienced legal defense for assault by strangulation and other criminal charges. We have a proven track record of successfully defending clients against serious felony charges.
- Veterans Issues: Experienced legal support for veterans facing legal challenges. Our firm has a deep commitment to serving those who have served our country, providing tailored legal services to address the unique needs of veterans.
Contact Us Today: If you or someone you know is facing charges of assault by strangulation, contact Doermann Edwards, PLLC, for a free consultation. Our experienced attorneys are ready to help you navigate the legal process and protect your rights. We understand the stress and uncertainty that comes with facing criminal charges, and we are here to provide the support and guidance you need.
Address: 114 N Elm St, Suite 400, Greensboro, NC, 27401 Phone: (336) 314-3749 Website: Doermann Edwards, PLLC
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