Strangulation

Recently, Pennsylvania lawmakers implemented a crucial update to domestic violence laws that significantly enhances penalties for certain offenses. In particular, the state’s new strangulation statute categorizes choking a family member or domestic partner as a felony under specific circumstances. Where choking incidents were formerly treated as misdemeanors with charges like simple assault (as long as no physical injury occurred), the new law now imposes heavier penalties based on the severity of each case.

Definition of Strangulation

Under the Pennsylvania Criminal Code, strangulation is defined as knowingly or intentionally restricting someone’s breathing or circulation by:

• Applying pressure to their throat or neck; or
• Blocking their nose and mouth.

One of the most notable shifts in the law is that prosecutors no longer need to prove a physical injury occurred. Additionally, New Castle DUI attorney cannot argue the absence of physical injuries to challenge the charges.

This update simplifies the process for prosecutors in establishing a strangulation charge compared to an aggravated assault charge, which requires evidence of intent to cause serious bodily harm. Previously, a New Castle criminal lawyer might argue that the lack of injuries negated the claim of intent. However, this line of defense is no longer acceptable in strangulation cases.

With these changes, the legislation strengthens the framework to hold offenders accountable, ensuring justice for victims.

Severe Penalties for Strangulation Convictions

Strangulation convictions come with severe consequences, although no mandatory minimum sentences exist. The degree of the offense determines the penalties, as shown below:

Second-Degree Misdemeanor

By default, strangulation is categorized as a second-degree misdemeanor.

• Punishment: Up to 2 years in prison

Second-Degree Felony

The offense escalates to a second-degree felony when one of these factors applies:

• The victim is a household or family member.
• There was a prior sexual relationship between the victim and the accused.
• Punishment: Up to 10 years in prison

First-Degree Felony

Strangulation is classified as a first-degree felony in the following cases:

• The defendant has a prior strangulation conviction.
• The act violates an active Protection from Abuse (PFA) order.
• A weapon is used during the offense.
• Punishment: Up to 20 years in prison

While there are no mandatory minimums, judges have discretion in sentencing. Sentences can range from probation to incarceration based on the specifics of the case. Additionally, individuals convicted of domestic violence are prohibited from owning or possessing firearms. So, to make sure that you have a strong defense strategy, hiring a New Castle DUI attorney becomes a mandatory task.

Defense Strategies Against Strangulation Charges

Despite the added challenges prosecutors face, a skilled New Castle criminal lawyer can explore various defenses to challenge the charges. The best option depends on the unique facts of the case. Common defense strategies include:

Self-Defense

If the defendant can demonstrate that the alleged victim provoked or initiated the physical altercation, self-defense may be claimed. The prosecution must then prove beyond a reasonable doubt that the defendant did not act in self-defense. If they fail to do so, the defendant may be acquitted.

Pre-Trial Diversionary Programs

If the alleged victim sustained no serious injuries, the prosecution may offer the defendant a chance to participate in a pre-trial diversionary program. Completing this program successfully—which may involve counseling sessions, community service, fines, and avoiding further arrests—could result in dismissal of the charges and a clean record through expungement.

Credibility Challenges

While physical injury is no longer a requirement to prove strangulation, the credibility of the victim’s accusations can still be scrutinized. For instance:

• If the alleged victim claims they were choked for an extended period but shows no visible bruises or marks, this could suggest an exaggeration or fabrication.
• Through diligent cross-examination, motives behind false accusations (e.g., personal gain, jealousy, or immigration-related benefits) could come to light.

Keep in mind that everyone charged with a crime is entitled to a fair trial. The prosecution bears the burden to prove the charges beyond a reasonable doubt. If a judge or jury questions the credibility of the victim’s testimony, the case could result in an acquittal. Hence, if you are charged for committing such felonies, make sure to have a New Castle criminal lawyer by your side for a strong defense.

Seek Professional Legal Support

If you or someone you know is facing strangulation or domestic violence charges, it’s critical to work with a highly skilled legal team. Trust Sean Logue and the experienced New Castle criminal lawyer team at Logue Law to fight on your behalf. Known for their expertise and consistent results, they have the knowledge needed to handle your case effectively.

If you’re navigating allegations of domestic violence strangulation in Lawrence County, call them now at 844.PITT.DUIor contact them online for a free initial consultation. Logue Law group is proud to serve clients in New Castle, Ohio, and West Virginia.

A strong defense begins with the right advocate. Reach out to a New Castle DUI attorney at Logue Law for expert guidance and representation today!