The defendant strangled the victim with two hands to the point where she could not breathe and thought she was going to die. He also struck her head, causing ”a gaping hole” that needed 24 stitches. The defendant drove the victim to the hospital. He constantly threatened her. The victim was too afraid to tell anyone what happened at the hospital because the defendant was constantly by her side.
Four days later, the victim reported the assault to the police. The defendant was charged with felony assault with a dangerous weapon (his hands) and felony assault causing serious bodily injury. The defendant was found guilty by jury of the first count and a lesser included offense of simple battery.
The defendant appealed. There was evidence sufficient to support the conclusion that the defendant used his hands in a manner likely to cause substantial bodily injury. No injury required.
