Strangulation

Strangulation Now Carries Harsher Penalties

Recently, Pennsylvania lawmakers enacted new legislation that significantly increases the consequences for domestic violence charges involving strangulation. Previously, choking someone in a domestic setting would typically be charged as simple assault, which is a misdemeanor, as long as no physical injury occurred. But under the new strangulation statute, choking a domestic partner or family member may now be categorized as a felony, depending on the circumstances. This change to the law marks a major shift in holding offenders accountable.

Definition of Strangulation in Pennsylvania

According to the Pennsylvania Criminal Code, strangulation is defined 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 person.

Under this law, prosecutors no longer need to prove that physical injury occurred. The absence of physical injuries can no longer be used as a defense in court, simplifying the prosecution process for strangulation charges compared to aggravated assault cases. Previously, a Somerset criminal lawyer could argue that a lack of injuries weakened the case against a defendant who was accused of choking someone. Now, with this updated legislation, it’s more difficult for such defenses to hold up in court.

Penalties for Strangulation Convictions

The penalties for strangulation depend on the circumstances and can range in severity. While mandatory minimum sentences are not applied, the potential consequences include substantial prison time. Here’s a breakdown of the degrees of strangulation and their respective penalties:

• Second-Degree Misdemeanor

By default, strangulation is a second-degree misdemeanor and may result in a sentence of up to two years in prison.

• Second-Degree Felony

If the victim is a family member, a household member, or someone with whom the defendant has had a sexual relationship, the charge increases to a second-degree felony. Conviction can lead to a prison sentence of up to ten years.

• First-Degree Felony

Strangulation becomes a first-degree felony in the following cases:

1. The defendant has a prior conviction for strangulation.
2. A Protection from Abuse (PFA) order was violated during the act.
3. A weapon was used in the commission of the offense.

First-degree felonies carry the harshest penalties, with sentences of up to twenty years in prison.

Judges in Somerset have discretion when sentencing offenders, meaning punishments may range from probation to lengthy incarceration. Additionally, individuals convicted of domestic violence involving strangulation are prohibited from possessing firearms under Pennsylvania law.

Potential Defenses for Strangulation Charges

While the new law makes it easier for prosecutors to secure convictions, defendants have several legal avenues to explore in their defense. A skilled Somerset DUI attorney can develop a strategy tailored to the specific circumstances of each case. Some common defenses include:

• Self-Defense

If the defendant can prove the alleged victim initiated the altercation, they may claim self-defense. The prosecution must then disprove this claim beyond a reasonable doubt to secure a conviction. Failure to do so can result in the defendant being acquitted.

• Pre-Trial Diversionary Programs

If the victim did not suffer serious injuries, the prosecution may offer the defendant the opportunity to participate in a pre-trial diversionary program. Successfully completing program requirements, such as community service, counseling, and staying arrest-free, can lead to the charges being dismissed and the defendant’s record expunged.

• Credibility Challenges

While physical injuries are no longer required to prove strangulation, a competent defense attorney may challenge the credibility of the alleged victim. For example, if a victim claims they were strangled for a prolonged period but has no visible bruising or marks to corroborate their account, this could weaken the prosecution’s case. Additionally, cross-examinations may reveal motives for fabricating the incident, such as personal gain, jealousy, or immigration concerns.

Safeguard Your Future With Experienced Legal Help

If you’ve been charged with strangulation or other domestic violence charges in Somerset, it’s crucial to act quickly. A Somerset criminal lawyer can help protect your rights, build a strong defense, and work toward a favorable outcome in your case.

At Logue Law, our team of experienced attorneys has a proven track record of defending clients against serious charges. Whether you’re facing allegations of strangulation or other domestic violence-related offenses, we’re here to fight for your future.

Contact us today at 844.PITT.DUI or schedule a consultation online with a trusted Somerset DUI attorney.

Remember, time is of the essence. Don’t wait to get the defense you deserve.