Vermont (2006)


VT. STAT. § 1024. AGGRAVATED ASSAULT

(a) A person is guilty of aggravated assault if the person:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the valueof human life; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(5) Is armed with a deadly weapon and threatens to use the deadly weapon on another person.

(b) A person found guilty of violating a provision of subdivision (a)(1) or (2) of this section shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

(c) A person found guilty of violating a provision of subdivision (a)(3), (4), or (5) of this section shall be imprisoned for not more than five years or fined not more than $5,000.00.

VT. STAT. § 1021. DEFINITIONS

For the purpose of this chapter:

(1) “Bodily injury” means physical pain, illness or any impairment of physical condition.

(2) “Serious bodily injury” means:

(B) Strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

VERMONT SUPREME COURT UNPUBLISHED ENTRY ORDER; IN RE JASON NAYLOR

In this unpublished opinion, the State of Vermont Supreme Court stated that “the basis for aggravated domestic assault would be that he sat on her, which caused her difficulty breathing.” According to the prosecutor, “the difficulty breathing” would satisfy the “serious bodily injury” element of the charge. This opinion stated that the State can charge an individual with “serious bodily injury” either by strangulation or by causing bodily harm in four ways including positional asphyxia.

To view original text use WestLaw citation: 2018 WL 372347

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