District Attorney Wants Change After State Loses Two Strangulation Cases in North Carolina
In late April of 2026, WCNC reported that the Mecklenburg County district attorney had called for changes to the state’s strangulation laws after the acquittal of two defendants. The DA says that those facing strangulation charges in North Carolina could potentially exploit a “flaw” in the way the law is written, highlighting the need for change. If you face strangulation charges, consider speaking with an experienced defense attorney.
What Are North Carolina’s Current Strangulation Laws?
In 2022, the University of North Carolina published a blog post clarifying the state’s strangulation laws. This is a Class H felony in the Tar Heel State, and it involves assault with a physical injury involving some kind of strangulation. Classic examples include placing your hands around someone’s neck or using some kind of cord or object to put pressure on the throat area.
One of the key elements of this crime is evidence of some kind of strangulation-related injury. However, strangulation may leave virtually no signs that can be readily identified by a doctor, such as bruises or scrapes. The blog post notes that strangulation cases involving signs of severe injury are rare. This is because once an injury crosses the “serious” threshold, it leads to enhanced Class E felony charges (assault with a deadly weapon inflicting serious injury).
Mecklenburg DA Says Strangulation Is Too Difficult to Prove
The aforementioned DA argues that strangulation is too challenging to prove under the current law. Prosecutors must present evidence of an injury in order to secure a conviction, and the DA points out that some signs of strangulation do not appear until many days have passed since the attack.
The two men who were acquitted of this charge allegedly put pressure directly on the neck during attacks, but prosecutors lacked the physical evidence to establish that this actually happened. As such, both men were acquitted of strangulation. The court convicted them of lesser charges.
Critics have pointed out that even when a defendant is caught on camera applying pressure to someone’s neck, prosecutors cannot secure a conviction for strangulation unless the act leaves behind some kind of physical injury.
On the other hand, one has to wonder what would happen if the law was amended to remove the need to prove a physical injury. Could this lead to prosecutors haphazardly adding strangulation charges during domestic violence cases, even when the only evidence is the alleged victim’s testimony?
Can a Defense Attorney in North Carolina Help Me?
A violent crimes attorney in North Carolina may be able to help you push back against strangulation charges. While district attorneys may not like the way defendants exploit flaws in the way certain laws are written, taking advantage of ambiguous criminal statutes is a legitimate defense strategy. Learn more by contacting The Pritchard Firm at 828-518-6007 today.
Sources:
wcnc.com/article/news/local/mecklenburg-county-da-scrutinizes-nc-strangulation-law-following-two-cases/275-a7ba74b5-8349-46b6-bfac-2c8e5a8d99b2
nccriminallaw.sog.unc.edu/2022/10/04/exploring-the-scope-of-north-carolinas-strangulation-law/