A Closer Look at the Elements of Assault by Strangulation

I have been getting several questions lately about the crime of assault by strangulation, a Class H felony under G.S. 14-32.4(b). This crime can be tricky because two of its four elements are not statutorily defined. This post explains those elements in more detail. What are the elements? North Carolina Crimes (on page 119) breaks down the statutory requirements of assault by strangulation into the following elements: an assault on another inflicting physical injury by strangulation The first two elements are straightforward. The requirement that the act be committed against another does not need to be explained. As for the assault element, North Carolina has many decisions on the meaning of assault generally. The more critical elements of the crime are strangulation and physical injury, neither of which is defined in the statute. What is strangulation? Although the word “strangulation” has not been statutorily defined, we can presume its definition to be what we typically think of when we hear the word. Ordinarily, strangulation involves placing hands around someone’s neck, although an object such as clothing, a cord, or something else could be used instead. Placing hands on someone’s neck alone is an assault but more is necessary for strangulation to occur. North Carolina Criminal Pattern Jury Instruction (N.C.P.I.) 208.61 (Feb. 2005) recognizes that strangulation involves “a form of asphyxia characterized by closure of the blood vessels and/or air passages of the neck as a result of external pressure on the neck brought about by hanging, ligature, or the manual assertion [...]