Assault by Strangulation in North Carolina — Penalties and Sentencing
Understand Class H felony penalties under G.S. 14-32.4(b) for Assault by Strangulation.
Assault by strangulation is a serious felony offense in North Carolina that carries significant penalties. This article explains what constitutes this offense, the legal consequences, and sentencing factors.
Definition of Assault by Strangulation (G.S. 14-32.4(b))
Under North Carolina law, assault by strangulation occurs when someone intentionally impedes normal breathing or circulation of blood by:
- Applying pressure to the throat or neck
- Blocking the nose or mouth
- Using any other means to prevent normal breathing
This offense is prosecuted under G.S. 14-32.4(b) and classified as a Class H felony.
Penalties and Sentencing Ranges
A conviction for assault by strangulation can result in 5-39 months in prison and a fine up to $5,000. The exact sentence depends on prior record level:
| Prior Record Level | Prison Range | Typical Disposition |
|---|---|---|
| Level I (0-1 priors) | 5-15 months | Probation or short prison term |
| Level II (2-4 priors) | 6-20 months | Active prison sentence likely |
| Level III (5-8 priors) | 8-25 months | Active prison sentence |
| Level IV (9-14 priors) | 11-31 months | Active prison sentence |
| Level V (15-17 priors) | 15-39 months | Active prison sentence |
| Level VI (18+ priors) | 20-50 months | Active prison sentence |
Domestic Violence Context
Assault by strangulation is often charged in domestic violence situations and carries additional legal consequences:
- Enhanced penalties for domestic violence strangulation
- Protective orders may be issued
- Gun rights are permanently lost (federal prohibition)
- Employment restrictions due to felony conviction
- Housing difficulties with felony record
Aggravating and Mitigating Factors
Common Aggravating Factors
- Victim lost consciousness
- Victim is pregnant
- Prior domestic violence convictions
- Victim is elderly or disabled
- Use of ligature or object
- Sustained pressure over time
- Offense committed in presence of children
Common Mitigating Factors
- No prior record
- Voluntary surrender
- Cooperation with law enforcement
- Seeking domestic violence counseling
- Remorse and acceptance of responsibility
- Mental health treatment participation
Medical and Legal Significance
Strangulation is particularly serious because:
- Medical evidence is often present (bruising, petechiae)
- Risk of death is high even with brief pressure
- Psychological trauma to victims is severe
- Recidivism rates are high without intervention
Can Charges Be Reduced?
Yes, assault by strangulation charges may be reduced through:
- Plea negotiations with prosecutors
- Evidence issues or witness cooperation problems
- Participation in counseling programs
- Mitigating circumstances presentation
Common Reductions
- Simple Assault (Class 2 misdemeanor)
- Assault on a Female (Class A1 misdemeanor)
- Disorderly Conduct (Class 3 misdemeanor)
Legal Consequences
A felony conviction for assault by strangulation has serious long-term consequences:
- Prison time (5-39 months depending on prior record)
- Permanent felony record
- Loss of gun rights (federal prohibition)
- Employment restrictions (many jobs unavailable)
- Professional license restrictions
- Housing difficulties (landlords may refuse)
- Immigration consequences (if not a citizen)
Legal Resources and Next Steps
If you're facing assault by strangulation charges:
- Hire an experienced criminal defense attorney immediately
- Do not speak to police without legal counsel
- Gather evidence that supports your defense
- Consider counseling programs (may help your case)
- Prepare for a potentially lengthy legal process
Conclusion
Assault by strangulation is a serious felony offense in North Carolina that can result in significant prison time and lasting consequences. The specific penalties depend on your prior record and the presence of aggravating or mitigating factors. Always consult with a qualified defense attorney who has experience with domestic violence and violent crime cases.
Frequently Asked Questions
What is the punishment for assault by strangulation in North Carolina?
Assault by strangulation is a Class H felony punishable by 5-39 months in prison depending on prior record level and circumstances.
Is assault by strangulation a felony in North Carolina?
Yes, assault by strangulation is classified as a Class H felony, which is a serious criminal offense that can result in significant prison time.
What constitutes strangulation in North Carolina?
Strangulation involves intentionally impeding normal breathing or circulation of blood by applying pressure to the throat or neck, or by blocking the nose or mouth.
Can assault by strangulation charges be reduced in North Carolina?
Yes, charges may be reduced through plea negotiations, especially if there are mitigating factors such as no prior record or cooperation with law enforcement.
Does assault by strangulation affect gun rights in North Carolina?
Yes, a felony conviction for assault by strangulation will permanently prohibit firearm possession under both state and federal law.
Is assault by strangulation considered domestic violence?
While not all strangulation cases involve domestic violence, many do. Domestic violence strangulation cases may have additional legal consequences and protective order implications.
Related Calculators
- Assault by Strangulation Calculator (NC)
- Assault with Deadly Weapon Calculator (NC)
- North Carolina Assault Sentencing Calculator
Related Articles
- Assault on a Female in North Carolina — What You Should Know
- Assault with a Deadly Weapon in North Carolina — Felony Sentencing Explained
- North Carolina Assault Laws Explained