Assault by Strangulation Inflicting Serious Injury – Felony Charges
Strangulation charges in North Carolina, specifically those resulting in serious bodily injury, may relate to or be a part of DV Domestic Violence charges in Raleigh or other personal dispute involving allegations of Assault, Assault and Battery, or other “affray.”
N.C. General Statute 14-32.4 codifies felony assault by strangulation, formally known as Assault Inflicting Serious Bodily Injury; strangulation.
"If you’re facing felony assault charges in Raleigh, we strongly recommend you retain counsel immediately. The State regularly prosecutes such matters to the fullest extent of the law."
- John Fanney, Criminal Defense Lawyer
For matters that take place in Raleigh, the prosecutor in Wake County is responsible for carrying the Burden of Proof in all criminal cases.
The Defendant is not required to present evidence or testify as a part of her or his own defense. That constitutional protection applies throughout all of North Carolina.
The State’s “burden” includes presenting evidence proving, Beyond a Reasonable Doubt, that the accused (the Defendant) violated N.C.G.S. 14-32.4.
The State’s evidence, proving the essential elements of the crime, may include:
- The defendant assaulted the alleged victim
- The defendant strangled or committed an act of strangulation as part of the assault
- The defendant strangled the alleged victim, causing physical injury or Serious Bodily Injury
Application of pressure to the neck or throat, sufficient such that blood vessels are close or the airway is blocked, may be deemed “strangulation.”
Physical injury must involve more than mere contact with the neck or throat. The victim need not lose consciousness to be prosecuted for felony assault by strangulation.Evidence of Strangulation
Both felony and misdemeanor assault charges in North Carolina may involve both forensic and physical evidence.
The State may seek to introduce evidence of physical injury and serious bodily harm including testimony showing the victim suffered:
- Bruising on the throat or neck
- Petechia of the Eyelids
- Petechia of the Eyeballs
- Bleeding from the Ears
- Loss of Consciousness
- Loss of the ability to speak or raspy speaking
The law draws a distinction between levels or types of offenses depending, in part, on the injury or injuries sustained from the strangulation.
Felony assault inflicting serious bodily injury, by way of strangulation, is a Class F Felony.
In the event the strangulation involves “physical injury,” it is deemed a Class H felony under the NC Criminal Laws.
Serious Bodily Injury may include evidence or testimony of:
- Disfigurement that is permanent
- Resulting injuries that create or created a risk of death
- Long term loss of consciousness (Coma)
- Loss of a bodily organ or member
- Permanent impairment of a bodily organ or member
- Long term “protracted” loss or impairment of a bodily organ or member
- Injuries that result in long term “protracted” hospitalization
- Domestic Violence Charges in Raleigh
- What constitutes Assault on a Female?
- What is a Criminal Summons?
- Indictments in North Carolina
- § 14-32.4: Assault inflicting serious bodily injury – STRANGULATION
Our team of dedicated criminal lawyers provides legal assistance to people accused of either felony or misdemeanor charges in Wake County and the surrounding judicial districts.
We provide free consultations and are available for office visits and phone conferences to discuss your case and individual needs.
"Clearly, being accused of strangling someone is serious stuff. Whether or not you’ve been formally arrested or charged, we think it’s a good idea to have a criminal defense lawyer involved early on."
- John Fanney, Raleigh Criminal Lawyers
If law enforcement officers seek to get a statement from you or discuss what happened, we recommend you exercise your right to remain silent.
Take the Fifth.
Politely but firmly request to speak with an attorney. Decline to provide information and immediately speak with legal counsel.
You may reach John Fanney by emailing his personal email: John@FanneyLaw.com
Please call the Fanney Law Firm now to begin your defense: 919-617-7009