Strangulation

Recent Legislative Changes to Domestic Violence Laws

Lawmakers in Pennsylvania recently passed a pivotal law that intensifies the penalties for domestic violence charges, particularly those related to strangulation. Under this legislation, acts of choking a family member or domestic partner now qualify as a felony offense under certain conditions. Previously classified as a misdemeanor (simple assault) if no physical injury occurred, this type of offense is now subject to stricter consequences. With this law’s implementation, domestic violence penalties in Indiana, PA, have become significantly harsher, depending on the specifics of the case.

What is Strangulation?

The Pennsylvania Criminal Code defines strangulation as the act of knowingly or intentionally restricting another person’s breathing or blood circulation. This can be done by:

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

One major change is that now, prosecutors do not need to prove that physical injuries occurred. Additionally, defense Indiana PA DUI attorneys cannot argue the lack of injury as a valid defense in strangulation cases.

How This Law Impacts Strangulation Cases

The new law simplifies how prosecutors can establish a strangulation charge when compared to aggravated assault. Previously, proving intent to cause serious bodily injury was key in aggravated assault cases. Without visible injuries from choking, an Indiana PA criminal lawyer could argue the absence of intent. Under this legislation, such arguments are no longer permissible for strangulation cases.

This creates stronger accountability for alleged offenders, as proving such charges is significantly more straightforward under these revised standards.

Penalties for Strangulation Convictions

Strangulation charges in Indiana, PA, carry severe penalties, and their degree depends on the specific circumstances of the case. Here’s how it breaks down:

Second-Degree Misdemeanor

• Default classification for strangulation.
• Potential penalty includes up to two years of imprisonment.

Second-Degree Felony

• Applies if the victim is a household or family member, or if there was a prior romantic or sexual relationship between the accused and the victim.
• Can lead to up to ten years in prison.

First-Degree Felony

• Charged under these specific conditions:
  • The defendant has prior convictions for strangulation.
  • A Protection From Abuse (PFA) order is violated during the act of strangulation.
  • The offense involved the use of a weapon.
• Conviction may result in up to twenty years of incarceration.

Although there are no mandatory minimum sentences attached to these charges, judges in Pennsylvania, including those in Indiana, PA, have broad discretion. Punishments range from probation to lengthy prison terms. It’s also critical to note that anyone convicted of domestic violence offenses, including strangulation, is prohibited from owning or possessing firearms.

Strangulation Defenses in Indiana, PA

While this new law makes it easier for prosecutors to bring forth strangulation charges, the accused still have legal defenses they can pursue. An experienced Indiana PA DUI attorney can adopt one or more of the following strategies:

Self-Defense

If the defense can substantiate that the alleged victim initiated the altercation, the defendant has the right to claim self-defense. The burden is then on the prosecution to disprove this claim beyond a reasonable doubt. An inability to do so could lead to an acquittal.

Pre-Trial Diversionary Programs

When no severe injuries were inflicted on the alleged victim, the prosecution may offer a pre-trial diversion program. Completion could involve counseling, community service, fine payments, and avoiding future arrests. If successfully completed, the charges can be dismissed, and the defendant’s criminal record may be eligible for expungement.

Challenging Credibility

Although prosecutors are no longer required to prove physical harm, a defense Indiana PA criminal lawyer can work to show inconsistencies or dishonesty in the alleged victim’s claims. For example:

• If the alleged victim claims prolonged strangulation but shows no visible marks or evidence, the defense can challenge the credibility of their testimony.
• Cross-examination may reveal potential motives for falsifying the accusation, such as jealousy, financial gain, or immigration-related reasons.

Every person charged with a crime has the right to a fair trial before a judge or jury. Prosecutors are obliged to prove every element of the charge beyond a reasonable doubt. If the judge or jury doubts the victim’s credibility, the defendant may be acquitted.

Why Choose Logue Law for Your Defense?

At Logue Law, Indiana PA DUI attorney Sean Logue and his accomplished team are ready to defend you against complex domestic violence charges, including strangulation cases. With an excellent track record in Indiana, PA, they bring the skills and dedication necessary for effective legal representation.

If you are facing accusations related to domestic violence or strangulation in Indiana, PA, reach out to Logue Law now. Call 844.PITT.DUI or contact them online to schedule a free initial consultation. Serving clients in Indiana PA, Pittsburgh, Ohio, and West Virginia, Logue Law is committed to serving justice.