Felony Assault By Strangulation
Domestic violence is a serious issue in Raleigh, Wake County, and the surrounding areas. To combat domestic violence, the North Carolina government has enacted increasingly stringent legislation and criminal punishments for assault and domestic violence. One such statute is felony assault by strangulation (§ 14-32.4), whereas inflicting serious injury on another person by strangling them can result in extended imprisonment and a felony on the offender’s record.
Often, this crime accompanies domestic violence cases or restraining order violations. Due to the severe penalties associated with this crime, usually in conjunction with domestic violence charges, you need to acquire a Raleigh assault attorney who understands both this crime and what is at stake for you.
Elements of a Strangulation Case
If you or someone you know has been charged with felony assault by strangulation, it is critical to understand the laws, what prosecutors are looking for, and how to defend your case and prevent a felony guilty conviction. In short, if you’re convicted of this crime, you may be facing a Class H felony, punishable by four to 25 months imprisonment for a first offense. Repeated offenses can result in substantially more time in North Carolina prisons.
In most cases of felony assault by strangulation, the evidence is fairly weak, and the most critical pieces of evidence for prosecutors and jury is evidence of cuts, bruises, red marks, a raspy voice, shortness of breath, and other signs of physical assault around the neck (and anywhere else). Keep in mind that if the strangulation did occur in a domestic setting, there are rarely eyewitnesses, whereas the prosecution must rely on the signs of assault coupled with hearsay.
Defending Against an Assault Charge
Due to the inherent nature of this charge and the elements of a strangulation case, it is crucial to acquire the legal representation of a highly experienced defense lawyer. In most cases, the court focuses heavily on the initial contact with the victim, and will sometimes neglect a deep investigation to see if the accused person was defending from attack, for instance; little attention is also given to the psychological state of the alleged victim, the victim’s intoxication, or other factors. Moreover, victim recantation is quite prevalent in these cases, although prosecutors may use recantation as additional evidence of abuse.
This is not to say that the majority of victims charge domestic violence maliciously. Instead, every man and woman accused of felony assault by strangulation has the right to due process of law.
Call Dewey P. Brinkley For a Free Consultation
A felony conviction of assault by strangulation carries a life-long impact that goes beyond imprisonment and probation, as you’ll have a felony on your criminal record and, consequently, you may find it difficult to get a job, find housing, or go to higher education. As such, choosing your attorney for this charge may be one of the most important decisions of your life.
With years of practical experience in domestic violence and felony assault cases, including assault by strangulation, attorney Dewey P. Brinkley knows exactly where to look when uncovering faults in police investigation and prosecutor testimony. Moreover, attorney Brinkley will provide an aggressive, no-stones-unturned defense, fighting to get your charges dropped or achieve a not-guilty conviction; or, if the evidence is truly stacked against you, we’ll thoroughly negotiate with prosecutors and judges to seek alternative or reduced sentencing. For a free consultation, call the Law Office of Dewey P. Brinkley in Raleigh today at (919) 832-0307.