Strangulation

Stricter Penalties for Domestic Violence Strangulation in Pennsylvania

Recently, Pennsylvania lawmakers introduced a significant change in legislation that escalates the penalties for specific domestic violence charges. Under the revised strangulation statute, choking a domestic partner or family member can now be classified as a felony in certain cases. Before this update, such incidents were typically charged as misdemeanors, labeled as simple assault, provided no physical injuries were evident. However, the updated law introduces stricter consequences, varying based on the circumstances of the offense.

What Is Strangulation?

Under Pennsylvania Criminal Code, strangulation is defined as:

“Knowingly or intentionally impeding the breathing or circulation of another person by either applying pressure to the throat or neck, or by blocking the nose and mouth of the individual.”

One of the key updates in this law is that prosecutors are no longer required to prove physical injury occurred to establish a charge of strangulation. Furthermore, a defendant’s attorney cannot use the absence of visible damage as a defense on behalf of the accused.

This adjustment simplifies the prosecution process for strangulation cases, unlike aggravated assault charges, which require proof of a defendant’s intent to cause serious bodily harm. Previously, a skilled Waynesburg criminal lawyer could argue that without evidence of injury, the defendant may not have acted with harmful intent. This legal strategy, however, is no longer permissible in cases involving strangulation accusations.

Ultimately, the revised legislation strengthens the ability of the legal system to hold alleged offenders accountable and ensures justice for victims of violence.

Understanding the Consequences of Strangulation Convictions

Strangulation carries severe penalties, although mandatory minimum sentences are not imposed. The penalties depend on the degree of the offense, which is determined by the circumstances surrounding the incident. Below are the different classifications and their respective consequences:

Second-Degree Misdemeanor

• Definition: By default, strangulation is classified as a second-degree misdemeanor.
• Penalties: Can result in imprisonment for up to two years.

Second-Degree Felony

• Definition: Applies when the victim is a family member, a household member, or someone with whom the defendant has had a prior sexual relationship.
• Penalties: May lead to imprisonment for up to ten years.

First-Degree Felony

Strangulation is elevated to a first-degree felony under the following conditions:

1. The offender has a prior conviction for strangulation.
2. The act violates a Protection from Abuse (PFA) order.
3. A weapon is used during the commission of the crime.

• Penalties: Individuals may face imprisonment for up to twenty years.

Aside from prison sentencing, those convicted of domestic violence offenses, including strangulation, are prohibited from owning or possessing firearms. It’s worth noting that judges retain discretion in sentencing due to the absence of mandatory minimum guidelines, meaning outcomes can range from probation to lengthy incarceration.

Common Defenses Against Strangulation Charges

Although prosecutors now face fewer challenges when proving strangulation charges, defendants still have multiple defense strategies available. A Waynesburg criminal lawyer can assess the unique circumstances of each case and build a robust defense. Here are some potential approaches:

Self-Defense

If the evidence shows that the alleged victim initiated the altercation, the defendant may argue self-defense. The burden then shifts to the prosecution, which must prove beyond reasonable doubt that the self-defense claim is invalid. If they fail to do so, the defendant could be acquitted.

Pre-Trial Diversionary Programs

If the alleged victim did not sustain significant injuries, the prosecution might offer the defendant the opportunity to participate in a pretrial diversionary program. Upon fulfilling specific conditions such as paying fines, completing community service, attending counseling, and avoiding further legal troubles, the charges may be dismissed, and the defendant’s record expunged.

Credibility Challenges

While physical injury no longer needs to be proven in strangulation cases, discrepancies in the alleged victim’s account may still work in favor of the defense. For example, if the victim claims prolonged strangulation but displays no visible signs such as bruises or redness, the defense could introduce evidence of fabrication. Through cross-examination, a Waynesburg criminal lawyer may explore motives for false accusations, such as personal revenge, jealousy, or financial gain.

It’s important to remember that every individual charged with a crime in Pennsylvania is entitled to a fair trial by a judge or jury. Prosecutors must prove every charge beyond a reasonable doubt, and if the jury finds the victim’s testimony unreliable, the defendant may be acquitted.

Seeking Assistance from a Waynesburg DUI Attorney for Strangulation Defense

If you are facing allegations of domestic violence and strangulation, it’s crucial to seek assistance from a legal professional immediately. At Logue Law, experienced attorneys like Sean Logue possess the expertise necessary to provide an effective defense for individuals accused of such charges.

Whether you’re dealing with domestic violence, DUI charges, or other criminal allegations, a qualified Waynesburg DUI attorney from Logue Law can guide you through the process and explore all available legal avenues to protect your rights.

Free Consultation and Expert Legal Support

Don’t face these charges alone. Contact Waynesburg DUI attorneySean Logue and his team today to schedule a free initial consultation. You can reach them at 844.PITT.DUI or connect with them online here. Logue Law is proud to serve Waynesburg, Pittsburgh, and West Virginia.

When it comes to defending against strangulation or any domestic violence-related cases, having a trusted Waynesburg criminal lawyer by your side makes all the difference. Trust Logue Law to deliver justice and safeguard your future.