Strangulation

Recently, Pennsylvania introduced new legislation that increases the penalties for certain domestic violence charges. Specifically, the strangulation statute has been updated to consider choking a family member or domestic partner as a felony in specific cases. Previously, such offenses were only classified as misdemeanors, described as simple assault, provided no bodily harm occurred. With these changes in place, domestic violence penalties have become more stringent, depending on the circumstances of the offense.

Definition of Strangulation

Under Pennsylvania law, the criminal code defines strangulation as:

“Knowingly or intentionally impeding the breathing or circulation of another person by:

• Applying pressure to the throat or neck, or
• Blocking the nose and mouth of the individual.”

A significant update to this law is that proof of physical injury is no longer required for a strangulation charge. Furthermore, the Mercer criminal lawyer defending the accused cannot argue the absence of injury as a defense for their client.

This amendment simplifies the process of prosecuting strangulation cases in comparison to aggravated assault charges, which necessitate demonstrating the intent to cause severe bodily harm. Before this revision, a Mercer DUI attorney could argue that the absence of injuries invalidated intent—to the defendant’s advantage. However, such defenses no longer apply in strangulation cases under this revised statute. By enforcing these stricter measures, the law now fortifies justice efforts in Mercer and beyond.

Strangulation Convictions and Penalties

Strangulation convictions carry serious consequences. While mandatory minimum sentences are not applied, the severity of penalties hinges on the degree of the offense. A Mercer criminal lawyer can help you understand how the law applies to your specific case. Here’s a breakdown:

Degrees of Offense

• Second-Degree Misdemeanor: Strangulation is typically classified as a second-degree misdemeanor.
• Second-Degree Felony: This designation applies when the victim is a family or household member, or if they previously shared a romantic or sexual relationship with the defendant.
• First-Degree Felony: Strangulation elevates to a first-degree felony if:
  • The defendant has a prior conviction for strangulation.
  • A Protection from Abuse (PFA) order is violated during the offense.
  • A weapon is used during the act of strangulation.

Potential Penalties

• Second-Degree Misdemeanor: Up to two years of imprisonment.
• Second-Degree Felony: Prison sentences can extend up to ten years.
• First-Degree Felony: Convictions carry a maximum penalty of twenty years in prison.

Additionally, sentencing outcomes vary between probation and incarceration, as judges possess the discretion to assess each case individually. It’s also important to note that individuals convicted of domestic violence, including strangulation offenses, are barred from possessing firearms.

If you’re facing these serious allegations, consulting with a Mercer DUI attorney experienced in domestic violence and related charges can be a critical step in building a strong defense.

Defenses for Strangulation Charges

Although the updated law streamlines prosecution in strangulation cases, defendants in Mercer still have several defense strategies available. These approaches can also be employed in other domestic violence cases, depending on the specific details of each situation.

1. Self-Defense

If evidence demonstrates that the alleged victim initiated the altercation, the defendant may claim self-defense. The prosecution must then disprove this claim beyond a reasonable doubt. Failure to do so would result in the defendant’s acquittal.

2. Pre-Trial Diversionary Programs

For cases where the alleged victim did not sustain serious injuries, the prosecution might offer a pretrial diversionary program. Meeting the program’s requirements, such as paying fines, completing community service, attending counseling, and avoiding further legal issues, can lead to dismissal of charges and expungement of the defendant’s criminal record.

3. Credibility Challenges

Although proof of injury is no longer mandatory to pursue strangulation charges, demonstrating inconsistencies in the alleged victim’s statements can impact credibility. For instance, if an alleged victim claims prolonged strangulation but lacks visible marks or bruises, the defense may highlight this discrepancy. Additionally, cross-examination can reveal personal motives such as financial gain, jealousy, or immigration-related objectives. Every individual in Pennsylvania is entitled to a fair trial, and if the judge or jury doubts the victim’s credibility, the case could result in acquittal.

Why Choose Logue Law for Your Defense in Mercer

If you’re facing strangulation or domestic violence charges in Mercer County, trust Attorney Sean Logue and the expert team at Logue Law to represent you. With years of experience and proven success in defending clients, they are equipped to provide you with effective legal counsel.

Whether you need a Mercer criminal lawyer to guide you through a challenging case to provide expert representation for related charges, Logue Law is ready to assist you. Call 844.PITT.DUI or contact them online today to schedule your free initial consultation. Logue Law proudly serves clients in Mercer, and across West Virginia.

Take the first step toward protecting your rights. Contact Logue Law now for reliable legal support in your time of need.