Arizona (2011)


(b) A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:

(1) The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.

(2) Any of the circumstances exists that are set forth in Section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.

State v. Delgado (2013) 232 Ariz. 182

Emergency room physician permitted to testify as an expert in a non-fatal strangulation case even though he had limited experience in handling strangulation cases. He had plenty in emergency medicine and had expertise on the physical process a body undergoes during strangulation. Whether a witness is qualified as an expert is to be construed liberally.

Coming Soon!