Arkansas (2009)


AR. CODE § 5-13-204. AGGRAVATED ASSAULT

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(3) Impedes or prevents the respiration of another person or the circulation of another person’s blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

Hughes v. State (2015) 467 S.W.3d 170

Defendant choked the victim twice causing the victim to lose consciousness. Intent can be inferred from the circumstances. There is a presumption that a person intends the natural and probable consequences of his act.  Court held expert testimony was not required to prove serious physical injury.  Loss of consciousness amounted to serious physical injury.

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