North Dakota (2007)


§ 12.1-17-02. Aggravated assault

1. A person is guilty of a class C felony if that person:

A. Willfully causes serious bodily injury to another human being;

B. Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury;

C. Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or

D. Fires a firearm or hurls a destructive device at another human being.

2. The person is guilty of a class B felony if the person violates subsection 1 and the victim:

A. Is under twelve years of age;

B. Is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; or

C. Suffers permanent loss or impairment of the function of a bodily member or organ.

§ 12.1-01-04. General definitions

27. “Serious bodily injury” means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs.

29. “Substantial bodily injury” means a substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ.

 

State v. Mohamud (2019)

Evidence was sufficient to support conviction for aggravated assault; defendant’s wife testified that he put her in a choke hold and she left like she was going to pass out, and physician who treated defendant’s wife stated that her injuries were consistent with strangulation.

State v. Isom (2018)

Maximum sentence of supervised probation for aggravated assault–domestic violence was three years pursuant to statute stating length of supervised probation of “three years for any other felony offense.

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