Jeff previously blogged about multiple assault convictions based on the same conduct, distinguishing double jeopardy issues from statutory interpretation issues. In this post, I will hone in on the statutory interpretation aspect of the analysis. G.S. 14-32.4(b) provides: “Unless the conduct is covered under some other provision of law providing greater punishment, any person who assaults another person and inflicts physical injury by strangulation is guilty of a Class H felony.” (emphasis added). The italicized language appears in a number of assault statutes. A plain reading suggest that it means, in the case of G.S. 14-32.4(b), for example, that the defendant may not be punished for assault by strangulation when the conduct is covered by another crime that carries a more severe punishment. Consistent with that reading is State v. Williams, ___ N.C. App. ___, 689 S.E.2d 412 (2009), holding that even though assault by strangulation (Class H felony) and assault inflicting serious bodily injury (Class F felony) require proof of different elements so as to be distinct crimes for purposes of double jeopardy, the statutory language reflects a legislative intent that a defendant only be sentenced for the higher of the two offenses. Williams relied on State v. Ezell, 159 N.C. App. 103 (2003), in which the defendant was convicted of assault inflicting serious bodily injury under G.S. 14-32.4(a) (a Class F felony) and assault with a deadly weapon inflicting serious injury under G.S. 14-32(b) (Class E felony). Like the assault by strangulation statute, G.S. 14-32.4(a) includes the “unless covered” [...]
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