Assault by Strangulation is usually a charge stemming from Domestic Assault, or Family Violence, is a subcategory of assault. It is a very serious subcategory however, since the allegation of "Strangulation" by itself causes the assault to be an automatic 3rd Degree Felony. A prior assault may enhance a new Assault by Strangulation case to a 2nd Degree Felony.
Assault by Strangulation must involve the following, as noted in the statute below: "impeding the normal breathing or circulation of the blood of the person by applying pressure to the person???s throat or neck or by blocking the person???s nose or mouth." Impeding means to delay or prohibit, so the strangulation can range from full choaking all the way down to merely making it difficult to breath.
Officers are trained to look for signs of strangulation, since it's so easy to just claim strangulation and have a person arrested for a felony. Officers may look for redness, swelling, broken blood vessels, or petechiae. The lack of these physical observations of strangulation may yield defenses for the accused.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
"We went to trial on the charges, twice. First was a mistrial based on juror misconduct. Then, at the second trial, prosecutors dismissed the case on the 2nd day of jury trial. My best decision was hiring Robert Keates." -Michael L.
"Prosecutors wanted probation the entire time, but we held out and set the case for trial. They dismissed on the morning before trial was to start. I trusted Robert and the right outcome happened. Robert was dedicated and knew what to do, and when." -Louie C.
(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth;
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Applicable|
|Class B Misdemeanor||Not Applicable|
|Class A Misdemeanor||Not Applicable|
|State jail felony||Not Applicable|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
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