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Home / Courts / 4th Circuit / Criminal Practice – Sentencing – Prior Convictions – Strangulation – Intent – Categorical Approach (access required)

Criminal Practice – Sentencing – Prior Convictions – Strangulation – Intent – Categorical Approach (access required)

Under North Carolina law, the intent element of assault may be proven by showing culpable negligence, which is insufficient to qualify an assault as a “crime of violence” under U.S. Sentencing Guidelines. However, North Carolina’s crime of assault by strangulation also requires proof of strangulation and infliction of physical injury. Since neither of these may ...

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