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Assault by Strangulation

On Behalf of | Feb 13, 2023 | CRIMINAL LAW |

In North Carolina, the crime of assault by strangulation is a very serious offense. It is typically classified as a Class H felony and carries with it the potential for significant jail time and fines. The crime of assault by strangulation involves intentionally applying pressure to another person’s throat or neck, resulting in physical injury or psychological injury.

In order to convict an individual of assault by strangulation, the prosecution must prove that the defendant knowingly and willfully applied pressure to another person’s throat or neck and that the action was done with the purpose of causing fear or injury. If the prosecution is able to prove these elements beyond a reasonable doubt, then the defendant can be found guilty of the crime.

Fortunately, there are numerous strategies that a defendant can use to defend against a charge of assault by strangulation. These strategies generally center around challenging one or more elements of the prosecution’s case, such as the intent of the defendant or the presence of evidence of injury.

For example, the defendant may argue that they did not act with the purpose of causing fear or injuring the victim. In many cases, the defendant may insist that the act was done in self-defense. If this claim is convincing enough, the court may find the defendant not guilty of assault by strangulation.

The defendant may also argue that there was no actual physical harm caused to the victim. If evidence of physical injury is insufficient, then the court may find the case against the defendant weaker and find them not guilty.

Additionally, a defendant may claim that they were mistaken as to the identity of the victim. If the defendant can show that they had no reason to believe that the victim was the person they were actually strangling, then the court may also find that the defendant was not guilty of the crime.

Overall, defending against a charge of assault by strangulation in North Carolina requires careful evaluation of the facts and circumstances surrounding the incident. By utilizing one or more of the defenses outlined above, a capable defense attorney can help a defendant fight for their In North Carolina, the crime of assault by strangulation is a very serious offense. It is typically classified as a Class H felony and carries with it the potential for significant jail time and fines. The crime of assault by strangulation involves intentionally applying pressure to another person’s throat or neck, resulting in physical injury or psychological injury.

In order to convict an individual of assault by strangulation, the prosecution must prove that the defendant knowingly and willfully applied pressure to another person’s throat or neck and that the action was done with the purpose of causing fear or injury. If the prosecution is able to prove these elements beyond a reasonable doubt, then the defendant can be found guilty of the crime.

Fortunately, there are numerous strategies that a defendant can use to defend against a charge of assault by strangulation. These strategies generally center around challenging one or more elements of the prosecution’s case, such as the intent of the defendant or the presence of evidence of injury.

For example, the defendant may argue that they did not act with the purpose of causing fear or injuring the victim. In many cases, the defendant may insist that the act was done in self-defense. If this claim is convincing enough, the court may find the defendant not guilty of assault by strangulation.

The defendant may also argue that there was no actual physical harm caused to the victim. If evidence of physical injury is insufficient, then the court may find the case against the defendant weaker and find them not guilty.

Additionally, a defendant may claim that they were mistaken as to the identity of the victim. If the defendant can show that they had no reason to believe that the victim was the person they were actually strangling, then the court may also find that the defendant was not guilty of the crime.

Overall, defending against a charge of assault by strangulation in North Carolina requires careful evaluation of the facts and circumstances surrounding the incident. By utilizing one or more of the defenses outlined above, a capable defense attorney can help a defendant fight for their.

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