Strangulation

Recently, West Virginia legislators introduced a new law that increases penalties for specific domestic violence offenses. This law particularly affects cases involving strangulation, redefining how choking incidents are categorized and prosecuted. Under the new legislation, choking a domestic partner or family member can now be charged as a felony in certain situations. Previously, such incidents were typically classified as misdemeanors under simple assault laws unless bodily injury occurred. This significant shift marks a robust effort to address domestic violence more seriously.

Definition of Strangulation

The West Virginia Criminal Code defines strangulation as follows:

“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 new law, proving physical injury is no longer a requirement for prosecutors. Defense attorneys cannot argue a lack of physical injuries as a defense for the accused.

This substantial change has streamlined the process for establishing a strangulation charge, as opposed to an aggravated assault charge, which traditionally required proof of intent to cause serious bodily harm. Previously, a Weirton criminal lawyer could argue against the intent to harm based on the absence of physical injury. But that defense is now void in cases involving strangulation.

Consequences of Strangulation Convictions

Strangulation charges now carry severe penalties, even though mandatory minimum sentences are not imposed. Below is a breakdown of the degrees of this offense and their potential consequences.

Second-Degree Misdemeanor

• By default, strangulation is classified as a second-degree misdemeanor.
• Penalty: A prison sentence of up to two years.

Second-Degree Felony

Strangulation is elevated to a second-degree felony under the following circumstances:

• The victim resides in the same household as the accused, or
• There is a prior sexual or intimate relationship between the victim and the accused.
• Penalty: A prison term of up to ten years.

First-Degree Felony

Strangulation becomes a first-degree felony in these cases:

• The accused has a prior strangulation conviction.
• A Protection from Abuse (PFA) order was violated during the act of strangulation.
• A weapon was used to commit the offense.
• Penalty: Imprisonment for up to twenty years.

While there are no mandatory minimum sentences, judges have discretion in deciding the punishment, which can range from probation to incarceration. Additionally, anyone convicted of domestic violence in West Virginia, including strangulation charges, is prohibited from owning or possessing firearms. If you’re facing such charges, seeking a qualified Weirton DUI attorney can help address your legal concerns.

Strangulation Defenses

Despite the heightened scrutiny strangulation charges now face, defendants are still entitled to explore various defenses. Each case is unique, and strategies depend on the specific circumstances. Below are some common defense options.

Self-Defense

If the alleged victim instigated the conflict, the accused may argue self-defense. The prosecution bears the responsibility of disproving this claim beyond a reasonable doubt. Failing to do so can result in the defendant’s acquittal.

Pre-Trial Diversionary Programs

For cases where the alleged victim did not sustain severe injuries, prosecutors may offer pre-trial diversion. These programs often require the defendant to:

• Pay fines,
• Complete community service,
• Attend counseling sessions, and
• Avoid further arrests.

Successful completion of the program’s requirements can lead to the dismissal of charges and eventual expungement of the defendant’s criminal record.

Credibility Challenges

Although physical injuries no longer need to be proven, the credibility of the alleged victim may still be challenged. For example, if a victim claims prolonged strangulation but lacks any visible marks or bruises, the defense can argue dishonesty. During cross-examination, motives like personal gain, jealousy, or other hidden agendas could also be exposed.

It’s worth noting that being charged with a crime does not equate to guilt. Everyone accused of strangulation has the right to a fair trial, whether by judge or jury. It remains the prosecution’s responsibility to prove the charges beyond a reasonable doubt. Working with a skilled Weirton criminal lawyer can help ensure these rights are upheld.

The Role of a DUI Attorney

When facing domestic violence allegations like strangulation, it is essential to seek help from a skilled attorney. An experienced DUI attorney can analyze your case, build a strong defense, and guide you through the legal process.

Trust Logue Law for Legal Representation

At Logue Law, Weirton DUI attorney Sean Logue and his proficient team are well-equipped to represent clients facing domestic violence or strangulation charges. Having a strong record of success, they provide personalized defense strategies that work.

If you or a loved one are dealing with such allegations, don’t wait. Contact a Weirton DUI attorney atLogue Law by calling 844.PITT.DUI or reach out online to schedule a free consultation. From Weirton to Pittsburgh and beyond, we proudly serve clients across Pennsylvania, Ohio, and West Virginia.