What are the legal consequences of others pinching your neck?

1. If someone just pinched his neck, it doesn't constitute minor injury or intentional injury.

2. If the injury appraisal opinion issued by the public security organ considers that it constitutes minor injury or serious injury, it is suspected of intentional injury.

Generally speaking, the crime of intentional injury is determined from the result of injury, which must be the result of causing minor injuries or more. Secondly, it depends on whether the injury result is caused by the actor, whether there is a causal relationship between the injury result and the actor's behavior, and whether the behavior carried out by the actor is illegal, such as self-defense and emergency avoidance.

First, if the crime of intentional injury is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different situations:

(1) If one person is slightly injured due to intentional injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not more than two years and criminal detention.

(2) If intentional injury causes serious injury, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than five years.

(3) If a person is intentionally injured by particularly cruel means, causing serious injuries, resulting in severe disability of Grade 6, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years. Except for those who should be sentenced to life imprisonment or more according to law.

Second, aggravating circumstances:

(1) For recidivists, we should comprehensively consider the nature of the crime before and after, the length of time from the completion of punishment execution or pardon to recidivism, and the severity of the crime before and after, and increase the benchmark punishment by 10%.

40%, generally not less than 3 months.

(2) For those who have a criminal record, considering the nature of the criminal record, the length of time interval, the number of times and the severity of punishment, the benchmark punishment can be raised to below 10%. Criminal record crimes are negligent crimes and juvenile crimes.

(3) If the target of the crime is minors, the elderly, the disabled, pregnant women and other vulnerable groups, considering the nature and severity of the crime, the benchmark punishment can be increased by less than 20%.

(4) For those who intentionally commit crimes during disasters such as major natural disasters and the prevention and treatment of sudden infectious diseases, the benchmark punishment can be increased by less than 20% according to the specific circumstances of the case.

Three, about the specific meaning of injury, the differences of criminal law theory

1, the first view is that injury refers to the violation of physical integrity (including the shape of the body);

2. The second view is that injury refers to the obstacle that causes physiological function;

3. The third view is that injury refers to the obstacle of physiological function and the great change of body shape.

Legal basis:

Criminal law of the people's Republic of China

Article 234

Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.