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Individuals facing serious criminal allegations, as well as family members researching the court system, require accurate information regarding how statutory offenses are defined, prosecuted, and sentenced. In North Carolina, kidnapping is a high-level felony offense that carries severe prison sentences. This guide examines the precise legal definitions, statutory tiers, and sentencing mechanics that govern kidnapping allegations in state courts. more Statutory Framework: What Legally Constitutes Kidnapping in North Carolina? There is a widespread misconception that a kidnapping conviction requires a demand for ransom or long-distance transportation of a victim against their will. Under North Carolina law, the charge is significantly broader and encompasses actions that many people do not realize meet the felony criteria. The primary statute governing this offense is North Carolina General Statute § 14-39. To secure a conviction for kidnapping, the State must prove two distinct components beyond a reasonable doubt: the unlawful act itself (the actus reus) and a specific, prohibited purpose (the mens rea). The Three Prohibited Actions The law establishes that a person is guilty of kidnapping if they unlawfully perform any one of the following three actions without proper legal justification: Confinement: Locking, barricading, or otherwise isolating a person within a bounded area so they cannot leave. Restraint: Restricting a person’s physical freedom of movement, which can be accomplished through physical force, threats, or even psychological coercion. Removal from One Place to Another: Moving a person from the location where they were initially found to another distinct location. Under North Carolina law, kidnapping does not require a victim to be moved a specific distance. Unlawfully confining someone inside a single room or restricting their ability to leave a stationary vehicle is sufficient to meet the physical elements of the charge under N.C.G.S. § 14-39. The Element of Consent The application of the statute changes based on the age of the alleged victim: Individuals Aged 16 or Older: The State must prove the confinement, restraint, or removal occurred without the explicit consent of that person. Minors Under the Age of 16: Legally, a child under 16 cannot provide lawful consent to these actions. Therefore, the State must prove the action was taken without the consent of a parent or legal custodian. The Specific Intent Requirement: What the State Must Prove Performing an unlawful restraint or confinement alone does not automatically constitute kidnapping. To elevate unlawful restraint to a kidnapping charge, state prosecutors must prove the defendant acted with a specific intent—referred to as a prohibited purpose. According to N.C.G.S. § 14-39(a), the unlawful confinement, restraint, or removal must be executed for at least one of the following specific objectives: Ransom, Hostage, or Shield: Holding the individual to demand money/property, using them to prevent law enforcement intervention, or utilizing them as a physical shield. Facilitating a Felony: Restraining someone to help carry out another separate felony crime, or to facilitate the escape and flight immediately following the commission of a felony. Inflicting Serious Injury or Terrorizing: Restraining the individual with the explicit intent to cause serious physical harm, or acting with the intent to induce a heightened, intensified degree of fear (terror). Involuntary Servitude: Holding the individual in a state of forced labor or compulsory service. Human Trafficking: Detaining or moving an individual with the specific intent that they be held in involuntary servitude or sexual servitude. If the prosecution cannot establish at least one of these specific intent categories, the charge may fail to meet the statutory standard for kidnapping, potentially reducing the offense to a lesser charge. First-Degree Kidnapping in NC: Definition and Criteria While N.C.G.S. § 14-39 outlines the foundational elements of the offense, North Carolina law splits the crime into two distinct severities: First-Degree and Second-Degree. The default charge begins as Second-Degree Kidnapping. To elevate the offense to First-Degree Kidnapping, the State must prove that the defendant did not release the victim safely, or that specific aggravating harm occurred. According to statutory language, a kidnapping is classified as a first-degree offense if the prosecution demonstrates that the person kidnapped: Was not released by the defendant in a safe place, Was seriously injured, or Was sexually assaulted. Defining a "Safe Place" under North Carolina Case Law Because the statute does not explicitly provide a definition for a "safe place," the definition relies entirely on North Carolina appellate court rulings. The courts evaluate the total context of the release rather than just the physical location. Appellate rulings have established several clear guidelines: The Presence of a Volitional Release: The release must be a conscious, voluntary decision by the defendant to let the victim go. If a victim escapes through their own efforts, or if law enforcement rescues the victim, the "safe release" doctrine does not apply, even if the physical location itself is safe. Environmental Safety: Dropping a victim off on the side of a major interstate at night, leaving them in an isolated wooded area, or abandoning them in a location where they cannot readily access shelter or help does not constitute a safe place. Continuous Danger: If a victim is left in a location where they face immediate, foreseeable hazards due to their physical condition, age, or environmental surroundings, the court will typically sustain a First-Degree conviction. Sentencing and Penalties for First-Degree Kidnapping (Class C Felony) First-Degree Kidnapping is classified as a Class C felony under the North Carolina Structured Sentencing framework. This classification places it among the state's most severe non-capital offenses, carrying a mandatory active prison sentence regardless of whether the defendant has a prior criminal record. When sentencing an individual convicted of a Class C felony, judges must utilize the state sentencing grid, which factors in both the offense severity and the defendant's Prior Record Level (calculated via a point system ranging from Level I to Level VI). Class C Felony Sentencing Ranges (In Months) The table below illustrates the minimum statutory sentencing ranges for a Class C felony in North Carolina. Under state law, the maximum sentence is automatically calculated based on the designated minimum sentence. Prior Record Level Mitigated Range (Minimum Months) Presumptive Range (Minimum Months) Aggravated Range (Minimum Months) Level I (0–1 Point) 44 – 58 58 – 73 73 – 92 Level II (2–5 Points) 53 – 70 70 – 88 88 – 110 Level III (6–9 Points) 64 – 85 85 – 107 107 – 133 Level IV (10–13 Points) 80 – 107 107 – 134 134 – 167 Level V (14–17 Points) 96 – 128 128 – 160 160 – 200 Level VI (18+ Points) 114 – 151 151 – 189 189 – 236 Judicial Discretion and Ranges Presumptive Range: This is the standard entry point for sentencing. A judge must use this range unless formal aggravating or mitigating factors are legally proven. Aggravated Range: If the state proves specific statutory aggravating factors (such as the offense being especially heinous, cruel, or targeting an exceptionally vulnerable victim), the judge can sentence within this higher bracket. Mitigated Range: If the defense successfully presents substantial mitigating evidence (such as the defendant’s support system, cooperation, or minor role in the offense), the court may opt for the lower sentencing tier. Every sentence handed down for First-Degree Kidnapping requires an active term in the North Carolina Department of Adult Correction; community probation or intermediate sanctions are not legally permissible options for a Class C felony conviction. Second-Degree Kidnapping: The "Safe Release" Mitigator If all the foundational elements of N.C.G.S. § 14-39 are met—meaning the State can prove unlawful confinement, restraint, or removal for a prohibited purpose—the offense is classified as Second-Degree Kidnapping if the defendant voluntarily releases the victim unharmed in a safe place. The "safe release" provision acts as a statutory mitigator. It exists in the law to incentivize defendants to preserve the safety and well-being of the individual by offering a substantial reduction in criminal penalties. The Burden of Proving Safe Release In North Carolina criminal trials, the burden regarding safe release operates under specific procedural rules: The Prosecution's Initial Duty: The State is not required to prove the absence of a safe release to secure a kidnapping conviction. The Defense's Role: To reduce the charge from First-Degree to Second-Degree, the defense must present sufficient evidence during the trial or sentencing phase showing that the victim was released voluntarily, unharmed, and in an objectively secure environment. If the evidence demonstrates that the release occurred due to police intervention, a successful escape by the victim, or that the victim sustained serious injury or sexual assault prior to release, the mitigating factor cannot be applied. Sentencing and Penalties for Second-Degree Kidnapping (Class E Felony) When a kidnapping charge is successfully mitigated or initially charged as second-degree, it is classified as a Class E felony. Unlike a Class C felony, which carries mandatory active prison time across all record levels, a Class E felony under the North Carolina Structured Sentencing framework offers judges greater flexibility, particularly for individuals with minimal or no prior criminal history. Depending on the defendant's Prior Record Level, a judge may choose between an Active punishment (prison), an Intermediate punishment (such as supervised probation combined with house arrest, electronic monitoring, or a split sentence), or Community punishment (probation alone). Class E Felony Sentencing Ranges (In Months) The table below details the statutory minimum sentencing options for a Class E felony. The letters next to the month ranges dictate the allowable disposition modes: A (Active), I (Intermediate), and C (Community). Prior Record Level Mitigated Range (Minimum Months) Presumptive Range (Minimum Months) Aggravated Range (Minimum Months) Disposition Options Level I (0–1 Point) 15 – 19 19 – 24 24 – 30 A / I Level II (2–5 Points) 17 – 22 22 – 27 27 – 34 A / I Level III (6–9 Points) 20 – 25 25 – 31 31 – 39 A / I Level IV (10–13 Points) 24 – 30 30 – 38 38 – 48 A Level V (14–17 Points) 29 – 36 36 – 45 45 – 56 A Level VI (18+ Points) 34 – 42 42 – 53 53 – 66 A Disposition Rules for Class E Felonies Record Levels I through III: For individuals with low prior record scores, the sentencing grid permits an Intermediate disposition. This means an attorney can argue for a non-custodial sentence, such as intensive supervised probation, intensive substance abuse treatment, or a brief split sentence in lieu of a long-term prison term. Record Levels IV through VI: For individuals with higher prior record scores, intermediate sanctions are no longer an option under the statute. The judge must issue an active prison sentence within the designated month ranges. Related Charges: Kidnapping vs. Felonious Restraint vs. False Imprisonment North Carolina criminal law contains several statutory offenses that penalize the unlawful restriction of an individual's liberty. Because these charges share overlapping characteristics, prosecutors frequently evaluate multiple offenses during an investigation. Understanding the distinctions between kidnapping, felonious restraint, and false imprisonment depends on specific statutory factors. Felonious Restraint ( N.C.G.S. § 14-43.3) Felonious restraint is a distinct offense that is classified as a Class F felony. To secure a conviction for felonious restraint, the State must prove that the defendant unlawfully restrained a person without consent and moved them from one place to another using a motor vehicle or other form of transportation. The primary legal distinctions between felonious restraint and kidnapping are: The Mode of Transportation: Felonious restraint specifically requires the use of a motor vehicle or transport vessel. The Specific Intent: Felonious restraint does not require the prosecution to prove one of the specific "prohibited purposes" (such as demanding ransom, terrorizing, or facilitating another felony) required by the kidnapping statute. False Imprisonment False imprisonment is a common-law offense in North Carolina and is prosecuted as a Class 1 misdemeanor. It is defined as the intentional and unlawful restraint, confinement, or detention of a person without their consent. The difference between false imprisonment and kidnapping relies on two elements: No Asportation (Movement): False imprisonment involves detaining someone within a fixed boundary, without moving them from one location to another. No Felony Intent: Like felonious restraint, false imprisonment lacks the aggravating specific intent criteria detailed in N.C.G.S. § 14-39. It is frequently considered a lesser-included offense of kidnapping, meaning a jury may convict a defendant of false imprisonment if the state fails to prove the specific intent required for a kidnapping conviction. Defending Against Kidnapping Charges in North Carolina Courts Defending against a felony kidnapping allegation requires a methodical examination of the state’s evidence, police procedures, and the specific statutory language. Because a conviction carries mandatory prison time for first-degree offenses, the legal defense strategy generally focuses on challenging the core elements of the prosecution's case. The "Inherent Restraint" Rule (The Fulcher Doctrine) One of the most important legal defenses against a kidnapping charge in North Carolina is the rule against double-punishment for inherent restraint. Established by the North Carolina Supreme Court in State v. Fulcher, this rule dictates that a defendant cannot be convicted of kidnapping if the restraint or movement of the victim was purely incidental to the commission of another felony. For example, if an individual commits a robbery, the act of robbery inherently involves restraining the victim briefly or ordering them to stand still. To sustain a separate charge of kidnapping alongside the robbery charge, the State must prove that the restraint or removal faced by the victim was an independent act that exposed the victim to a distinct danger outside of the underlying robbery itself. If the defense demonstrates that the restraint was merely part of the other offense, the separate kidnapping charge must be dismissed. Challenging Specific Intent and Purpose As established, the state must prove beyond a reasonable doubt that the defendant confined, restrained, or removed the victim with a specific prohibited purpose in mind. A defense strategy often focuses on showing a lack of evidence regarding this intent. If the prosecution cannot conclusively prove that the actions were taken to terrorize, facilitate a felony, inflict serious injury, or hold the person for ransom, the statutory threshold for kidnapping is not met. Fact-Specific Defenses: Consent and Credibility In cases involving domestic relationships, business partnerships, or acquaintances, allegations sometimes stem from miscommunications, domestic disputes, or shifting narratives. Proving Consent: If the individual aged 16 or older willingly agreed to accompany the defendant or stay within a specific location, a kidnapping charge cannot stand. The defense can utilize text messages, digital location data, and witness testimony to establish that the alleged victim acted under their own free will. Credibility Challenges: Examining inconsistencies in the complaining witness’s statements to law enforcement, financial or personal motives for false accusations, and the physical reality of the scene can demonstrate reasonable doubt to a jury. Frequently Asked Questions Regarding Kidnapping in North Carolina To provide direct clarity on the application of North Carolina kidnapping statutes, this section addresses common legal queries regarding how these offenses are charged and processed in the state court system. Can a parent be charged with kidnapping their own child in North Carolina? Yes, a biological or legal parent can be charged with kidnapping under N.C.G.S. § 14-39 if they take, confine, or restrain their child without legal authority and for a prohibited purpose, such as holding the child as a shield or violating a formal court order to facilitate another felony. However, if a parent unlawfully takes or keeps a child under 16 with the intent to violate a custody order but without the aggravating felony intents required by the kidnapping statute, the state typically charges the lesser offense of Custody Obliteration or Abduction of a Child under N.C.G.S. § 14-41, which is a Class F felony. Does kidnapping require moving a victim a certain distance in NC? No. North Carolina appellate courts have repeatedly affirmed that "asportation"—the physical movement of a victim—is not a requirement for a kidnapping conviction. The statute specifies that unlawful confinement or restraint within a single room, a stationary vehicle, or a fixed structure satisfies the physical act requirement of the crime, provided a prohibited purpose is present. What is the statute of limitations for kidnapping charges in North Carolina? There is no statute of limitations for felony offenses in North Carolina. Because both First-Degree and Second-Degree Kidnapping are classified as felonies (Class C and Class E, respectively), the State may initiate criminal prosecution at any point after the alleged offense occurred, regardless of how many years have passed. Navigating High-Level Felony Allegations Kidnapping allegations in North Carolina represent some of the most serious charges a person can face under state law. Because the statutory framework allows relatively minor physical acts—such as preventing someone from leaving a room during an argument—to be elevated to a high-level felony if a specific intent is alleged, these cases are highly dependent on exact factual nuances and definitions. The distinction between First-Degree and Second-Degree designations fundamentally alters sentencing outcomes, moving from mandatory active prison terms under Class C to alternative, intermediate probation options under Class E. Resolving these charges effectively within the North Carolina judicial system requires a precise evaluation of structural evidence, the voluntary nature of any victim release, and constitutional boundaries regarding evidence gathering. Professional Credentials: Criminal Defense Lawyer Attorney Patrick Roberts Attorney Patrick Roberts handles serious “bet the house” felony criminal matters in ALL North Carolina counties, including Wake, Orange, Durham, and Johnston. He has tried felony criminal cases in the Eastern, Middle and Western federal districts of North Carolina. When navigating high-stakes kidnapping or overlapping felony allegations, the experience and background of legal counsel are critical factors in evaluating the state's case. Attorney Patrick Roberts brings 24 years of criminal law experience to the defense of individuals facing serious state and federal charges. As a former state prosecutor in Wake, Johnston, and New Hanover counties, Mr. Roberts possesses firsthand insight into how state district attorneys construct felony cases, evaluate evidence, and negotiate plea agreements. Educational & Professional Background: Juris Doctor (J.D.): Duke University School of Law, Durham, North Carolina, J.D., 1997-2000 (ranked Number 7 in Best Law Schools and Number 9 in Criminal Law for the 2026-2027 period.) Bachelor of Arts (B.A.) in Engineering: Johns Hopkins University (1993–1997) Johns Hopkins University, Baltimore, Maryland, B.A. in Engineering, 1993-1997 (ranked No. #7 in National Universities) Advanced Trial Advocacy Training: Graduate, National Criminal Defense College (NCDC) Trial Practice Institute (2011) Graduate, Gerry Spence's Trial Lawyers College (2010) Graduate, White Collar Criminal Defense College (2013) NCDC Cross-Examination Workshop (2025) NCDC Forensic Cross-Examination Workshop (2026) Professional Memberships: Lifetime Member, National Association of Criminal Defense Lawyers (NACDL) Member, National Child Abuse Defense & Resource Center (NCADRC) Mr. Roberts is qualified to represent clients at the highest levels of the American judicial system: U.S. Supreme Court: Admitted to practice before the highest court in the land. Federal Courts: Admitted to the Fourth Circuit Court of Appeals and all Federal District Courts in North Carolina. Recognitions & Appointments: Appointed by the Governor to the North Carolina State Ethics Commission and the Juvenile Justice Planning Committee. Featured as "Attorney of the Month" on the cover of Attorney-At-Law magazine (2022) and profiled in Super Lawyers magazine (2018). Provided legal commentary and quotes for national media outlets, including USA Today and Fox News. Case Review: State v. Client (Represented by Attorney Patrick Roberts) Charges / Accusations: First-Degree Statutory Sex Offense, Kidnapping, and Indecent Liberties with Children. Potential Exposure: 300 to 372 months in prison (multiple counts). The Case: The defendant was accused of sexual assault involving multiple accusers, four of whom testified at trial. Attorney Patrick Roberts initiated a motion to dismiss multiple charges at the outset of the trial, which the court granted. The remaining allegations were vigorously contested before the jury. Result: Not Guilty* on the First-Degree Statutory Sex Offense and Kidnapping charges. Through Mr. Roberts' defense against all allegations, the client avoided a multi-decade mandatory minimum sentence, ultimately receiving an active term of less than 18 months followed by a period of post-release probation. * Disclaimer: Each case is different and must be evaluated separately. Prior results achieved do not guarantee similar results can be achieved in future cases. Client Review “I highly recommend this attorney to anyone needing experienced and knowledgeable legal representation. From the beginning, he clearly explained the steps necessary to address my situation and made sure I understood the process along the way. He kept me informed as progress was being made and was always professional, responsive, and prepared. Although the legal process can move slowly at times, I always felt confident that my case was being handled properly. When my court date finally arrived, he was exceptionally well prepared and navigated the courtroom procedures with confidence and skill. His experience and attention to detail ultimately helped lead to a very positive outcome in my case. I truly appreciated his guidance and representation throughout the entire process.” - Verified client review via Avvo.com Peer Endorsement “Patrick is a thoughtful and experienced attorney. When I have a client needing representation in the Raleigh area in his areas of practice, he would be my referral of choice.” - Verified peer endorsement via Avvo.com Disclaimer: The testimonials are actual comments from clients. Every case is different and depends on its own unique facts and legal circumstances. These results are illustrative of the matters the firm handles but do not guarantee, warrant, or predict a similar outcome in your legal matter. Legal Consultation and Representation A formal criminal charge requires a structured, strategic evaluation of police reports, witness statements, and constitutional protections. Attorney Patrick Roberts provides criminal defense representation across Wake County, specifically assisting individuals in Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina. To review the specific facts of your case, discuss potential defenses, or understand the sentencing guidelines applicable to your situation, contact our office to schedule a confidential legal consultation. Disclaimer: The information on this website is for general informational purposes only. Nothing herein should be taken as legal advice for any individual case or situation. Contacting us via this website, email, or contact form does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case; prior results do not guarantee a similar outcome.

A strangulation charge in North Carolina is a Class H felony under N.C.G.S. § 14-32.4(b) — not a misdemeanor, regardless of whether the alleged victim has visible injuries. That single fact changes everything about the penalties, the process, and what's at stake long after the case ends. more This page covers what the charge means under North Carolina law, why the felony classification catches people off guard, what the actual potential sentences look like, the permanent consequences that follow a conviction, and what realistic defense options exist. What Does a Strangulation Charge Actually Mean in North Carolina? Under N.C.G.S. § 14-32.4(b), a person commits assault by strangulation when they assault another person and inflict physical injury by strangulation. The statute is short. But it contains four distinct elements the State must prove beyond a reasonable doubt: that there was an assault, that it was committed against another person, that it inflicted physical injury, and that the injury was caused by strangulation. Two of those four elements — "strangulation" and "physical injury" — are not defined anywhere in the statute itself. Their meaning comes from case law and the North Carolina Pattern Jury Instructions. The pattern jury instruction (N.C.P.I.—Crim. 208.61) defines strangulation as a form of asphyxia caused by closure of the blood vessels and/or air passages of the neck as a result of external pressure. That pressure can come from hanging, a ligature, or manual force applied to the neck. The definition does not require complete airway closure or a complete inability to breathe. Evidence that sufficient pressure was applied to the throat to cause difficulty breathing is enough. This matters because most people hear "strangulation" and picture something extreme. The legal threshold is lower than the common understanding. Pressure on the neck that restricts breathing or blood flow — even briefly, even without loss of consciousness — can satisfy the element. Why Is Strangulation a Felony When There's Barely a Mark? This is usually where the gap between expectation and reality hits hardest. Someone expecting a misdemeanor domestic violence charge learns they are facing a felony, and the reason is the physical injury threshold under this statute. The physical injury required for a strangulation conviction is not "serious injury" and not "serious bodily injury." It is simply "physical injury." The parallel definition in G.S. § 14-34.7(c) explains this standard: cuts, scrapes, bruises, or other physical injury that does not constitute serious injury. North Carolina courts have found sufficient physical injury from cuts and bruises, petechiae (small broken blood vessels in the eyes or skin), redness, soreness, blurred vision, and difficulty swallowing. Courts have also recognized that physical injury may exist even where no injuries are externally visible. To put that in context, consider where strangulation sits on North Carolina's assault severity ladder. Simple assault is a Class 2 misdemeanor with no felony injury element. Assault inflicting serious injury is a Class A1 misdemeanor requiring a higher injury showing. Assault by strangulation jumps to a Class H felony while requiring only "physical injury" — the lowest injury standard in the felony range. Above it, assault inflicting serious bodily injury is a Class F felony. That charge requires proof of injury creating a substantial risk of death, serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ, or prolonged hospitalization. The legislature drew the line where it did deliberately. Strangulation requires only minimal physical evidence for felony treatment because the act itself, not the severity of the resulting injury, is what the statute targets. What Kind of Prison Time Does a Class H Felony Carry? North Carolina sentences felonies under the Structured Sentencing Act, which sets punishment based on two variables: the offense class and the defendant's prior record level. Prior record levels run from Level I (little or no criminal history) to Level VI (extensive history). Each prior Class H or I felony conviction adds 2 points, and each prior Class A1 or Class 1 misdemeanor adds 1 point. For a Class H felony at Prior Record Level I, the presumptive sentencing range is a 5 to 6 month minimum, with the mitigated range starting at 4 months. At the other end of the spectrum, the absolute statutory maximum for any Class H felony is 39 months, which is a Level VI aggravated sentence. Each cell on the sentencing grid also designates a disposition type: community, intermediate, or active. That designation determines whether the sentence can be served on probation or must be served in custody. Community and intermediate dispositions (both probation-based) are available at lower prior record levels, while active time becomes mandatory at Prior Record Level VI. Probation conditions in these cases commonly include supervised probation, substance-abuse or domestic-violence treatment, potential periods of short-term confinement, electronic monitoring, and restitution. A fine may also be imposed at the court's discretion. Across all North Carolina felonies in FY2024, 40% of sentences were active (incarceration), 36% were intermediate, and 24% were community. And it is worth understanding how these cases typically resolve: only about 2% of all North Carolina felony convictions resulted from jury trials in FY2024 — 498 out of 26,577. The vast majority were resolved through guilty pleas. For Class G, H, and I felonies specifically, the jury trial rate drops to roughly 1%. That does not mean trial is off the table, but it does mean the negotiation and preparation that happen before trial often determine the outcome. How Will a Conviction Affect Your Life After the Case Ends? A strangulation conviction is a felony conviction, and in North Carolina, the collateral consequences extend well beyond whatever sentence the court imposes. Firearms. A felony conviction triggers the federal firearms ban under 18 U.S.C. § 922(g)(1), which bars possession of firearms and ammunition. When the offense involves a domestic relationship, the Lautenberg Amendment under 18 U.S.C. § 922(g)(9) imposes a separate lifetime ban on firearms and ammunition. Section 922(g)(8) also bars firearm possession by anyone subject to a qualifying protective order. The 2022 Bipartisan Safer Communities Act expanded domestic-relationship coverage to include dating partners. North Carolina state law under G.S. § 14-415.1 independently bars felons from possessing, purchasing, owning, or controlling firearms. Immigration. The Fourth Circuit held in U.S. v. Rice, 36 F.4th 578 (4th Cir. 2022), that North Carolina's assault inflicting physical injury by strangulation is categorically a crime of violence. United States v. Robinson, 92 F.4th 531 (4th Cir. 2024), confirmed that holding remains binding. The immigration consequences that result from this classification are severe. The offense can be treated as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F) when a sentence of one year or more is imposed. For immigration purposes, a felony's maximum term is what matters. That means even a suspended sentence can trigger this classification. It is separately deportable as a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E) when committed against a victim in a qualifying domestic relationship. This distinguishes strangulation from simple assault or assault on a female, which the Fourth Circuit has held are not crimes of violence because they can be committed through mere culpable negligence. Professional licensing. Under G.S. § 93B-8.1, a North Carolina licensing board may deny a license based on a conviction. The board can act when the criminal history is directly related to the occupation's duties, or when the crime is violent or sexual in nature. An assault-by-strangulation conviction fits the latter category. The Nursing Practice Act, for example, expressly lists Article 8 assaults — which includes § 14-32.4 — among offenses related to fitness to practice. Criminal record. This conviction is generally not eligible for expunction under current North Carolina law and makes you ineligible for other expungements that might otherwise be available. The sentence itself may end. These consequences, in most cases, do not. What Defenses Work Against a Strangulation Charge? The realistic options depend entirely on the facts, and understanding which defenses actually apply to this specific charge matters. Self-defense and defense of others. North Carolina's self-defense statute, N.C.G.S. § 14-51.3, authorizes the use of force — including in defense of another person — when the person reasonably believes the force is necessary to defend against the imminent use of unlawful force. North Carolina imposes no duty to retreat from any place a person is lawfully present. The same statute authorizes deadly force where a person reasonably believes it is necessary to prevent imminent death or great bodily harm. The critical requirements are imminence and proportionality. The threat must be happening or about to happen — not something that occurred earlier or might happen later. The force used must also be proportionate to the threat as it existed at the moment. In a strangulation prosecution, the practical question is whether your actions were a proportionate, necessary response to an imminent threat you reasonably perceived. Challenging the elements. Because "strangulation" and "physical injury" are undefined in the statute and interpreted through case law, there is room to challenge both elements. The two challenges that most often matter are whether the pressure applied actually constituted strangulation as opposed to incidental neck contact, and whether any qualifying physical injury resulted. Both challenges are heavily evidence-driven. Photographs of the neck and surrounding area, the complainant's testimony about pain or difficulty breathing, medical records, and any petechiae evidence all factor in. Evidence preservation and early investigation directly affect the strength of these challenges. What typically does not work. Assault by strangulation is a general-intent crime. The Fourth Circuit confirmed in Rice that the offense requires intentional, knowing, or purposeful conduct. But the prosecution does not need to prove you intended a specific injury. Intent is shown by deliberate rather than accidental conduct. Because it is a general-intent offense, voluntary intoxication is essentially unavailable as a defense under North Carolina law. Even in the rare cases where voluntary intoxication applies to specific-intent crimes, you would need to show you were utterly incapable of forming intent — not merely impaired or intoxicated. The strength of any defense depends on facts that can shift or disappear quickly. Witness recollections change. Physical evidence fades. The earlier the facts are investigated and preserved, the more options remain available. Do I Need a Lawyer for a Strangulation Charge? A Class H felony with potential prison time, a permanent criminal record, federal firearms restrictions, possible immigration consequences, and professional licensing implications is not a charge that resolves favorably on its own. Decisions made in the first days after an arrest — in early interactions with law enforcement and the court — shape the course of the entire case. Many of those decisions happen before you fully understand what you are facing. Patrick Roberts is a Raleigh criminal defense attorney and former prosecutor who has handled thousands of criminal cases across North Carolina. His experience as an Assistant District Attorney in Wake, Johnston, and New Hanover counties means he understands how strangulation cases are built, charged, and evaluated from the prosecution's side — and where they are vulnerable. He is a graduate of Duke University School of Law (Top 9 in criminal law for year 2026),  Gerry Spence's Trial Lawyers College, the National Criminal Defense College Trial Practice Institute, and the White Collar Criminal Defense College, and has been recognized among the Top 100 Trial Lawyers by The National Trial Lawyers. Client Review "I cannot speak highly enough of Mr. Patrick Roberts. From the moment we connected over the phone, he demonstrated confidence, support, and a sharp analytical mind, providing our family with much-needed reassurance during one of the most difficult periods in our lives. Mr. Roberts took the time to fully understand our situation and walked us through various scenarios regarding how he could defend our case—which he ultimately won. What sets Mr. Roberts apart is his combination of legal expertise, in-depth knowledge of judicial procedures, and genuine compassion for his clients. He goes above and beyond to ensure your needs are met. I am incredibly grateful for his services and highly recommend him to anyone needing legal representation." - Verified client review via Avvo.com Peer Endorsement “I have had the challenge of working with Atty Roberts when he served as Asst. District Atty in Wake Co. and have worked closely with him as fellow defense counsel. As an ADA, I found him to be professional, reasonable and fair in every regard. He represented the State of North Carolina with integrity. As private counsel, his intelligence and knowledge of procedure and law has been even more impressive. Attorney Roberts is not your "run of the mill" lawyer. While he's sharp and knows his stuff, he is also approachable and relates well with clients, colleagues, judges and courthouse personnel. He never, never walks away from a challenge. In the courtroom, his experience as both prosecutor and criminal defense attorney provides him with a unique perspective and ability to process each matter he handles quickly, efficiently and effectively. I highly recommend Attorney Roberts and place full confidence in his abilities."  - Verified peer endorsement via Avvo.com Disclaimer: Testimonials and peer reviews are actual comments from clients and peers. They are for informational purposes only and do not guarantee or predict the outcome of your legal matter. Every case is unique and must be evaluated on its own merits. Patrick Roberts Law serves clients facing strangulation and domestic violence charges throughout the Triangle, with offices in Raleigh, Durham, Chapel Hill, and Cary. He maintains a dominant presence in Wake County—including Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina—while handling critical litigation in all North Carolina counties. If you or someone close to you is facing a strangulation charge, the time to act is now — not after the next court date. Call Patrick Roberts Law at 919-746-7206 to discuss your case. To maintain a high standard of service and thorough oversight for each client, the firm manages a restricted caseload. Disclaimer: The information on this website is for general informational purposes only. Nothing herein should be taken as legal advice for any individual case or situation. Contacting us via this website, email, or contact form does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case; prior results do not guarantee a similar outcome.

Yes. In North Carolina, assault by strangulation is a Class H felony under N.C.G.S. § 14-32.4(b). It is not a misdemeanor, not a lesser assault charge, and not something that can be informally resolved. A strangulation charge carries potential prison time, a permanent felony record, and consequences that reach into nearly every corner of your life. Those consequences affect your right to own a firearm, your ability to hold a professional license, and — for noncitizens — your right to remain in the United States. more This page explains what North Carolina law actually considers strangulation, how little injury the prosecution needs to prove, what the penalties look like, and what a felony conviction means for your future. If you or someone close to you is facing this charge, the information below covers what you need to understand right now. What Does North Carolina Law Consider "Strangulation"? Most people hear the word "strangulation" and picture someone being choked unconscious. North Carolina law sets the bar far lower than that. The statute itself — N.C.G.S. § 14-32.4(b) — does not define the term. The definition comes from North Carolina's pattern jury instruction, N.C.P.I.—Crim. 208.61. It describes strangulation as a form of suffocation caused by closure of the blood vessels or air passages of the neck from external pressure on the neck — whether from hanging, a cord or similar object, or manual pressure. The instruction does not require proof that the airway was completely closed or that the person was unable to breathe at all. Evidence that enough pressure was applied to the throat to cause difficulty breathing is enough. This means that what many people would describe as "grabbing someone by the neck" or "putting a hand on their throat" during an argument can meet the legal definition of strangulation. That is true even if the other person never lost consciousness, never stopped breathing entirely, and walked away from the encounter. How Much Injury Does the Prosecution Actually Need to Prove? This is where the charge becomes more serious than most people expect. The statute requires "physical injury," but that phrase is not defined in § 14-32.4(b) itself. Courts look to the related definition in G.S. § 14-34.7(c), which defines physical injury as cuts, scrapes, bruises, or other physical injury that does not count as serious injury. That threshold is deliberately low. According to analysis from the UNC School of Government, North Carolina courts have found sufficient physical injury from cuts and bruises, petechiae (small broken blood vessels in the eyes or skin), redness on the neck, soreness, blurred vision, and difficulty swallowing. Courts have also recognized that physical injury can exist even where no injuries are externally visible. The legislature designed it this way. The statute requires only "physical injury" — not "serious injury" and not "serious bodily injury," which are the standards for higher assault charges. The act of strangulation itself, combined with even minimal evidence of injury, is what North Carolina treats as grounds for felony prosecution. Why Is Strangulation Charged as a Felony Instead of a Misdemeanor? North Carolina has a layered system of assault charges, and strangulation sits well above where most people assume their situation falls. Simple assault and simple battery are Class 2 misdemeanors under G.S. § 14-33(a). Assault inflicting serious injury — which requires a higher level of harm including hospitalization, significant pain, or blood loss — is a Class A1 misdemeanor under G.S. § 14-33(c)(1). Assault on a female, one of the most commonly charged domestic violence offenses, is also a Class A1 misdemeanor. Assault by strangulation under G.S. § 14-32.4(b) bypasses the misdemeanor tier entirely and goes straight to a Class H felony — even when the physical injury is minor. And it can go higher. If the same conduct causes serious bodily injury, the charge escalates to a Class F felony under G.S. § 14-32.4(a). Serious bodily injury means injury that creates a substantial risk of death, serious permanent disfigurement, coma, a long-lasting condition that causes extreme pain, permanent or long-lasting loss or impairment of the function of a bodily member or organ, or prolonged hospitalization. If a deadly weapon is involved and serious injury results, it can reach a Class E felony under G.S. § 14-32(b). The practical takeaway is that a strangulation charge is not treated like a fight that got out of hand. North Carolina law treats the act of applying pressure to someone's neck as far more dangerous than other forms of assault, and the charges reflect that. What Are the Penalties for a Strangulation Conviction in North Carolina? North Carolina sentences felonies using a grid that combines the offense class with your prior record level. That level is calculated on a point system under G.S. § 15A-1340.14. Each prior Class H or I felony adds two points, and each prior Class A1 or Class 1 misdemeanor adds one point. For a Class H felony with no significant criminal history — Prior Record Level I — the presumptive sentencing range is a 5 to 6 month minimum, with a mitigated range starting at 4 months. The statutory maximum for any Class H felony, even at the highest prior record level with aggravating factors, is 39 months under G.S. § 15A-1340.17. At lower prior record levels, the court can impose community punishment (probation) or intermediate punishment (probation with additional conditions like electronic monitoring, confinement, or treatment programs). At higher record levels, active prison time becomes mandatory. Common probation conditions in domestic violence-related strangulation cases include supervised probation, substance abuse treatment, completion of an abuser treatment program under G.S. § 15A-1343(b)(12), and restitution. Two statistics from the NC Sentencing and Policy Advisory Commission's FY2024 report put these numbers in context. Across all North Carolina felonies in FY2024, roughly 40% of sentences were active prison time, 36% were intermediate punishment, and 24% were community punishment. And approximately 98% of all felony convictions that year resulted from guilty pleas — only 498 out of 26,577 felony convictions came from jury trials. For Class G, H, and I felonies specifically, the jury trial rate drops to approximately 1%. That does not mean trial is never the right path. But the overwhelming majority of these cases are resolved through negotiation, which makes the quality of that negotiation critical. What Does a Felony Strangulation Conviction Do to Your Future? The sentence is only part of the picture. A conviction for assault by strangulation under G.S. § 14-32.4(b) triggers consequences that last far longer than any period of prison time or probation. The most immediate is the loss of firearm rights. A felony conviction triggers the federal firearms prohibition under 18 U.S.C. § 922(g)(1), which bars possession of any firearm or ammunition. North Carolina state law under G.S. § 14-415.1 separately bars a convicted felon from possessing, purchasing, owning, or controlling a firearm. In domestic violence cases, additional federal prohibitions under the Lautenberg Amendment, 18 U.S.C. § 922(g)(9), and under § 922(g)(8) for persons subject to qualifying protective orders, impose their own lifetime bans. For noncitizens, the consequences can be even more severe. The Fourth Circuit held in U.S. v. Rice, 36 F.4th 578 (4th Cir. 2022), that North Carolina assault by strangulation is categorically a "crime of violence" because it can only be committed with an intentional, knowing, or purposeful state of mind. That holding was confirmed as binding in United States v. Robinson, 92 F.4th 531 (4th Cir. 2024). A crime-of-violence classification can trigger treatment as an aggravated felony under federal immigration law when a sentence of one year or more is imposed — including suspended sentences. That carries mandatory detention and near-automatic removal. When the offense involves a victim in a qualifying domestic relationship, it is separately deportable as a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E), with no one-year sentence requirement. Professional licensing is also at risk. Under G.S. § 93B-8.1, North Carolina licensing boards may deny a license based on a criminal conviction when the crime is violent or sexual in nature. A conviction that federal courts have classified as a crime of violence falls clearly within that standard. Some professions face additional risk. The Nursing Practice Act under G.S. § 90-171.48, for example, expressly lists Article 8 assaults (which includes § 14-32.4) among offenses affecting fitness to practice. Finally, a conviction for assault by strangulation is generally not eligible for expungement under current North Carolina law. It also makes you ineligible for expungement of other offenses on your record. This is a permanent mark. Why Do You Need a Defense Attorney Now — Not Later? A strangulation charge is a felony that carries prison time, lifetime firearms prohibitions, potential deportation for noncitizens, professional licensing consequences, and a conviction that cannot be expunged. Those consequences begin adding up the moment the charge is filed — and the earlier a defense attorney is involved, the more options remain available. The sentencing data makes one thing clear: in a system where approximately 98% of felony cases resolve by plea, the quality of your attorney's negotiation matters enormously. An attorney who understands how the prosecution builds and evaluates these cases is often a decisive factor in the outcome. Patrick Roberts is a Raleigh criminal defense attorney and former Assistant District Attorney who has handled thousands of criminal cases across North Carolina over more than 24 years of practice. That prosecutorial background means he understands how strangulation cases are charged, what evidence the state relies on, and where the weaknesses in that evidence tend to be. He is a graduate of the Trial Lawyers College, the National Criminal Defense College, and Duke University School of Law, and his offices in Raleigh, Durham, Chapel Hill, and Cary serve clients across North Carolina. He handles high-stakes legal matters throughout North Carolina, with a primary focus on Wake County municipalities including Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina. Client Review “When our son was arrested on sexual assault and rape charges, I was lost. I searched and found Patrick Roberts. I was impressed with his resume so we met with him and hired him. Now our son's case is over. It has taken a long time to get to the end of this experience, but I thank God for sending Patrick Roberts our way!” - verified client review via Avvo.com Peer Endorsement “I attended the Trial Lawyers College with Patrick. If I was facing serious criminal charges anywhere in North Carolina, he would be my first call.” - Verified peer endorsement via Avvo.com Disclaimer: Testimonials and peer reviews are actual comments from clients and peers. They are for informational purposes only and do not guarantee or predict the outcome of your legal matter. Every case is unique and must be evaluated on its own merits. If you or someone you care about is facing a strangulation charge, the time to act is now. Contact Patrick Roberts Law to discuss your case. The firm maintains a selective intake process to ensure that each client receives the focused professional attention their case requires. Disclaimer: The information on this website is for general informational purposes only. Nothing herein should be taken as legal advice for any individual case or situation. Contacting us via this website, email, or contact form does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case; prior results do not guarantee a similar outcome.

A Class H felony in North Carolina carries a potential sentence ranging from 4 to 39 months depending on the circumstances. Beyond the sentence itself, a conviction can affect firearm rights, employment, professional licensing, and immigration status long after any sentence is served. The range is wide because North Carolina uses a structured sentencing system. The actual punishment depends not just on the offense class but on the defendant's prior record. Two people charged with the same Class H felony can face very different outcomes. more This page walks through the specific sentencing ranges at each prior record level, whether probation is available, and the consequences that extend beyond the courtroom. How Much Prison Time Does a Class H Felony Carry? The sentencing range for a Class H felony spans from a mitigated minimum of 4 months at the lowest prior record level to a statutory maximum of 39 months at the highest. The felony punishment chart in N.C. Gen. Stat. § 15A-1340.17 sets three ranges at each prior record level — mitigated, presumptive, and aggravated. Each range specifies a minimum sentence. The maximum sentence is then calculated from the minimum using a statutory formula. At Prior Record Level I, the presumptive minimum is 5 to 6 months. At Prior Record Level VI, the most severe, the aggravated minimum can reach 25 months, with a maximum of 39 months. The presumptive range is the default. A judge can sentence in the mitigated range if mitigating factors outweigh aggravating factors, or in the aggravated range if aggravating factors outweigh mitigating ones. Neither departure happens automatically — both depend on the facts presented at sentencing and, in many cases, on what is negotiated before sentencing ever occurs. The numbers matter, but so does the context around them. According to the North Carolina Sentencing and Policy Advisory Commission's FY2024 Statistical Report, approximately 98% of all felony convictions in North Carolina resulted from guilty pleas rather than jury trials. For Class G, H, and I felonies specifically, the jury trial rate was roughly 1%. That means the outcome of nearly every Class H felony case is shaped by what happens during negotiation, not at trial. The sentencing range is what drives that negotiation. How Does My Prior Record Change My Sentence? The prior record level is calculated under N.C. Gen. Stat. § 15A-1340.14 by assigning points to prior convictions. Each prior Class H or Class I felony conviction adds 2 points. Each prior Class A1 or Class 1 misdemeanor conviction adds 1 point. Higher-class felony convictions carry more points, and the total determines the prior record level, which ranges from Level I to Level VI. This is the factor that produces the widest swing in the potential sentence. If you are at Prior Record Level I, you are looking at a presumptive minimum of 5 to 6 months. At Level VI, you could be looking at more than triple that. In domestic violence cases, this calculation often matters because prior assault-related misdemeanors — including prior convictions for assault on a female under N.C. Gen. Stat. § 14-33(c)(2), which is a Class A1 misdemeanor — each add a point to the total. The prior record level also determines what type of sentence is available, which leads directly to the question most people facing a Class H felony are asking next. Could I Get Probation Instead of Prison? Yes, depending on the prior record level. North Carolina's structured sentencing system assigns one of three disposition types to each cell on the felony punishment chart: community (C), intermediate (I), or active (A). Community punishment is probation-based and does not require any period of incarceration. Intermediate punishment is also probation-based but may include conditions like supervised probation, short-term confinement, or electronic monitoring. Active punishment means a sentence served in custody. At lower prior record levels, the sentencing chart for a Class H felony includes community and intermediate options. Active time becomes mandatory at Prior Record Level VI. This is not a formality. Statewide, the felony punishment distribution in FY2024 was 40% active sentences, 36% intermediate, and 24% community. That means the majority of felony defendants in North Carolina received a probation-based sentence rather than incarceration. In domestic violence cases, probation conditions carry their own weight. Under N.C. Gen. Stat. § 15A-1343(b)(12), a defendant found responsible for acts of domestic violence must attend an approved abuser-treatment program as a condition of probation unless the court finds it is not in the interests of justice. These programs require 39 hours of group treatment completed over 26 to 30 weeks, with groups of no more than 16 participants. Not every North Carolina county has an approved program. As of 2026, 34 programs operate across 65 of the state's 100 counties, leaving 35 counties without one. It is also worth noting that many Class H and I felonies resolve through plea in district court rather than superior court. In FY2024, 5,072 Class H and I felony pleas — 31% of all convictions at that level — were handled in district court. The median time from charge to sentencing in district court was 4 months, compared to 11 months in superior court. What Happens to My Right to Own a Firearm? A Class H felony conviction triggers a firearms ban at both the state and federal level. Under N.C. Gen. Stat. § 14-415.1, it is unlawful for any person convicted of a felony to possess, purchase, or own a firearm in North Carolina. At the federal level, the felon-in-possession statute, 18 U.S.C. § 922(g)(1), bars firearm and ammunition possession by convicted felons. In domestic violence cases, additional federal firearms bans may apply separately from the felony conviction itself. Under 18 U.S.C. § 922(g)(8), a person subject to a qualifying Domestic Violence Protective Order that includes a credible-threat finding is barred from possessing firearms while the order is in effect. Under 18 U.S.C. § 922(g)(9), the Lautenberg Amendment, a person convicted of a misdemeanor crime of domestic violence faces a generally permanent ban on firearm and ammunition possession. Depending on how a case is resolved, the § 922(g)(9) ban may be relevant even where the original charge was a felony — for example, if a plea to a qualifying misdemeanor offense is part of the resolution. For many people, the loss of firearm rights is the single most consequential long-term outcome of a Class H felony conviction, particularly when employment, hunting, or personal protection depends on the ability to legally possess a firearm. Will a Class H Felony Affect My Job or Professional License? A felony conviction appears on criminal background checks. It can disqualify you from employment in a range of fields, both by employer policy and by regulatory requirement. Under N.C. Gen. Stat. § 93B-8.1, North Carolina licensing boards may deny a professional license based on a criminal conviction if the criminal history is "directly related" to the duties of the occupation or the crime is "violent or sexual in nature." An assault-by-strangulation conviction — which the Fourth Circuit has held is categorically a crime of violence — falls within that second category. Certain professions face additional scrutiny. The North Carolina Nursing Practice Act, N.C. Gen. Stat. § 90-171.48, expressly lists Article 8 assaults (which includes § 14-32.4) among offenses that affect fitness to practice. The NC Board of Nursing also requires self-reporting of felony or certain misdemeanor charges, typically within 30 days. Other licensed professions — teaching, law enforcement, real estate, and others regulated by state boards — apply their own standards. But the underlying conviction is reportable across the board. Beyond licensed professions, the practical reality is that a felony conviction narrows the field. Many employers in North Carolina conduct background checks. While the law limits when and how that information can be used in some contexts, the conviction itself does not disappear from the record. Can a Class H Felony Be Expunged in North Carolina? Under current North Carolina law, a Class H felony conviction is generally not eligible for expunction. The expungement statutes impose strict limitations on which convictions qualify, and a violent felony conviction typically falls outside those boundaries. Beyond the conviction itself, having a Class H felony on your record can disqualify you from expunging other, lesser offenses that might otherwise be eligible. This is one of the reasons the outcome of the case — not just the sentence imposed — carries so much long-term weight. A conviction that results in probation rather than prison may feel like a favorable resolution at the time. But the felony record it leaves behind follows you into employment, housing, licensing, and firearm eligibility for years or decades afterward. In many cases, the most consequential work a defense attorney does is not reducing the sentence but shaping the outcome in a way that avoids or limits the conviction record itself. What Are the Immigration Consequences of a Class H Felony? If you are not a United States citizen, a Class H felony conviction in a domestic violence case can carry immigration consequences that are more severe than the criminal sentence. In United States v. Rice, 36 F.4th 578 (4th Cir. 2022), the Fourth Circuit held that North Carolina's assault by strangulation offense is categorically a "crime of violence" because it can only be committed with an intentional, knowing, or purposeful state of mind. That holding was confirmed in United States v. Robinson, 92 F.4th 531 (4th Cir. 2024). Because the offense qualifies as a crime of violence, it is treated as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F) when a sentence of one year or more is imposed. For immigration purposes, a suspended sentence counts. An aggravated felony classification carries mandatory detention and near-automatic removal. Separately, under 8 U.S.C. § 1227(a)(2)(E), a noncitizen convicted of a crime of domestic violence against a person in a qualifying domestic relationship is deportable regardless of the sentence length. This sharply distinguishes a Class H felony strangulation conviction from North Carolina's lower-level assault charges. The Fourth Circuit held in United States v. Vinson, 805 F.3d 120 (4th Cir. 2015), that ordinary North Carolina assault convictions are not categorically crimes of violence because they can be committed through culpable negligence rather than intentional force. A strangulation conviction does not benefit from that distinction. If you are facing this charge and are not a U.S. citizen, you should understand that the immigration consequences may be irreversible. They should be evaluated by someone qualified to assess them before any plea is entered. Why Does the Defense Strategy Matter More Than the Charge? The structured sentencing system in North Carolina does something that is easy to miss when reading a statute for the first time: it creates a range of outcomes, not a fixed one. A Class H felony can result in 39 months in custody or supervised probation served in the community. It can end with a conviction that permanently alters your record or, in some cases, with a resolution that avoids the felony conviction entirely. Where you land within that range depends on the prior record, the facts, the evidence, and the quality of the defense. At Patrick Roberts Law in Raleigh, North Carolina, criminal defense attorney Patrick Roberts brings more than 24 years of experience and a perspective shaped by his prior service as an Assistant District Attorney in Wake, Johnston, and New Hanover counties. That background means an understanding of how the state builds and evaluates cases from the inside — and where the pressure points are that create room for a different outcome. Attorney Patrick Roberts offers comprehensive legal representation across every county in North Carolina for high-stakes cases, maintaining a core geographic focus on Wake County communities like Raleigh, Cary, Apex, Holly Springs, Garner, and Fuquay-Varina. Client Review “Mr. Roberts was amazing! Had a very difficult case & the outcome didn’t look bright at all. I was looking at some serious time. But he was able to get me probation (which wasn’t on the table at all before he got involved) He was honest, to the point & laid out everything that could be a possibility. Never gave false hope, just the facts & logically what we could do to possibly get this in my favor. I would recommend Mr. Roberts to anyone seeking REAL guidance, honest & qualifications to back it up.” - Verified client review via Avvo.com Peer Endorsement “I retained and worked with Patrick and his team for four years and my primary expectations were without a doubt satisfied. Patrick will always be my first choice for legal defense for myself or my family. Standout Points: Patrick's clients receive bond reductions that other attorneys are unable to secure. Patrick and his team double check their own knowledge of the law so that their courtroom presentation is well organized and flawless. Patrick knows how important it is to present your particular case in the right environment to receive the most positive reception.” - Verified peer endorsement via Avvo.com Disclaimer: Testimonials and peer reviews are actual comments from clients and peers. They are for informational purposes only and do not guarantee or predict the outcome of your legal matter. Every case is unique and must be evaluated on its own merits. If you or someone close to you is facing a Class H felony charge in North Carolina, the gap between the worst-case scenario and a manageable resolution is not determined by the charge alone. It is a matter of preparation, strategy, and knowing how the system actually works. Contact Patrick Roberts Law to discuss your case. Through a selective intake process, the firm caps its active case volume to protect the quality and pace of its legal oversight. Disclaimer: The information on this website is for general informational purposes only. Nothing herein should be taken as legal advice for any individual case or situation. Contacting us via this website, email, or contact form does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case; prior results do not guarantee a similar outcome.