Assault by Stangulation Crime Overview

Assault by strangulation is a violent crime. It often accompanies domestic violence cases, or restraining orders. When you have been charged with this crime, usually in conjunction with domestic violence charges, it is important to work with an experienced violent crimes attorney who understands what is at stake.



It is a relatively new felony assault under the law, which alleges that the perpetrator attempts to strangle the alleged victim. It most often occurs as a result of a domestic altercation and may contribute to the issuance of a domestic violence protective order. Assault by strangulation is also sometimes charged along with sex crimes and other violent crimes. If convicted, your sentence will depend in part on your prior criminal record. You could be sentenced to a 4- to 25-month jail or prison sentence. In addition, you would have a permanent criminal record.


There are three elements to the crime of assault by strangulation:

An assault on another person

Inflicts physical injury

By strangulation


The Assault Element


First, the assault element. The only one that can be used for this charge is where there is an overt act or attempt to act with force or violence which causes physical injury. It is important to know that where there is strangulation the court will infer force or violence thereby satisfying this type of assault.


The second element, that of inflicting physical injury. The court has said that in order to satisfy this element the state must prove that there was more than just physical contact. The statutes consider physical injury to be cuts, bruises, scrapes, or other physical injury that does not constitute serious injury. This means that you cannot be found to have caused physical injury just by touching someone, however, if the contact leaves a bruise or something similar then the court will likely find physical injury.


Strangulation

Finally, the court will determine whether the cause of the physical injury was strangulation. Strangulation can be as much as wrapping your hands around the throat of another and applying pressure until they lose consciousness, or as little as grabbing someone by the throat causing them to have difficulty breathing.


Depending on the circumstances surrounding your arrest,  experienced criminal defense lawyer may be able to get the charge of assault by strangulation reduced to a misdemeanor assault charge, thereby reducing the severe penalties associated with a felony conviction. In some investigations, these charges are filed against innocent people. If you are innocent, and become part of an investigation, it is important that you have the benefit of experienced trial attorneys who know how to win jury trials.

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