Strangulation in a domestic violence context is treated differently from other assault charges in North Carolina. While many people think of domestic assault as a single category, the law recognizes that strangulation presents unique physical dangers.
North Carolina’s Strangulation Law
Unlike many other crimes, there is no single “domestic violence” statute in North Carolina. The state’s “assault inflicting serious bodily injury or strangulation” law makes strangulation a Class H felony.
Strangulation happens when someone intentionally hinders another person’s normal breathing or blood circulation by applying pressure to the neck or throat. This law also covers situations where the perpetrator uses their hands, an object, or other means to restrict breathing or blood flow.
Unlike simple assault, strangulation doesn’t require proof of visible injuries. Bruises or marks can be evidence, but the law recognizes that even brief pressure on the neck can cause serious injury. The act itself is inherently dangerous.
Strangulation is particularly dangerous because the victim may suffer lasting harm even if no marks appear immediately. Even a few seconds of pressure on the neck can lead to brain injury or death. In turn, North Carolina lawmakers established strangulation as a distinct felony, separate from misdemeanor assault charges.
That’s not the only reason strangulation is so dangerous. Research indicates that victims of strangulation by an intimate partner are six times more likely to be the victim of an attempted homicide, and seven times more likely to be the victim of a completed homicide. Prosecutors often highlight this in front of judges and juries, which strongly influences bail decisions and sentencing.
Penalties for Strangulation Convictions
A conviction for assault by strangulation can affect multiple areas of your life. Penalties for this Class H felony may include:
- Incarceration for up to 25 months
- Fines
- Probation or supervised release
Using a weapon, repeat offenses, and a prior criminal history can increase the punishment. Because strangulation often involves a family or household member, the court may also issue protective orders. These can impact custody and visitation arrangements, as well as where you can live and whom you may contact.
Generally, judges will consider how severe the assault was, the surrounding circumstances, any injuries the victim sustained, and your prior criminal record to determine the exact sentence.
Defense Considerations for Strangulation Charges
Defending a strangulation charge can be complex, especially since visible injuries are not required for a conviction. While every case is different, some evidence can help your defense:
- Witness testimony or statements supporting your account
- Electronic evidence, like phone recordings, video, or GPS data, to prove an alibi
- Medical imaging evidence that disputes whether the alleged victim suffered an injury
Self-defense may apply if you acted to protect yourself from immediate harm. Similarly, the prosecution must show that you intentionally impeded the victim’s breathing or circulation. If they can’t prove that you deliberately intended to strangle your accuser, they may not be able to secure a conviction.
What to Do if You’re Charged with Assault by Strangulation
If you’re facing charges or suspect you’re under investigation, early legal intervention can make a big difference in your defense. First, remain silent and call an experienced criminal defense attorney. Don’t talk to anyone about your case until you have legal guidance.
Next, avoid contacting the alleged victim. Follow all court orders and legal advice you receive. In the meantime, your attorney will review the evidence and explore defenses that could eliminate or reduce the potential consequences. In some cases, you may be able to plead guilty to a lesser offense, such as misdemeanor assault.
Talk to Our Assault Defense Attorneys Today
Assault by strangulation charges are serious, but Greene Wilson Styron & Thomas (Summit Law Group) can provide the guidance and representation you need to protect your rights. Our knowledgeable criminal defense attorneys have extensive experience handling complex domestic assault cases. We can help you navigate the process. Contact us today to review your case and find out how we can build a strategic defense for you.