Strangulation

Changes to Pennsylvania legislation have resulted in significantly harsher penalties for specific types of domestic violence. Under the updated statutes, the act of choking a family member or domestic partner is now classified as a felony strangulation offense in many instances.

Previously, this type of conduct was typically prosecuted as a misdemeanor simple assault, provided the victim did not suffer bodily injury. With the enactment of this new law, the legal repercussions for domestic violence assault have escalated, with the severity depending heavily on the specific details of the incident.

How Strangulation is Defined

The Pennsylvania Criminal Code offers a specific legal definition for the crime of strangulation. It occurs when an individual knowingly or intentionally restricts the breathing or blood circulation of another person by:

• Exerting pressure on the neck or throat; or
• Obstructing the person’s nose and mouth.

A crucial aspect of this new legislation is that prosecutors do not need to present evidence of physical injury to secure a conviction. Furthermore, defense attorneys are prohibited from using the absence of physical marks or injury as a defense argument.

This legal shift simplifies the burden of proof for the prosecution compared to charges like aggravated assault. In an aggravated assault case, the state must prove the defendant intended to inflict serious bodily injury. A skilled Morgantown criminal lawyer would note that under the old laws, the lack of visible injury often helped negate the claim of intent. However, with the specific strangulation statute, that defense strategy is no longer viable.

With these updates, the law provides the state with a much stronger toolkit for prosecuting allegations of strangulation, aimed at increasing accountability in domestic situations.

Consequences for Strangulation Convictions

The penalties for a strangulation conviction in Pennsylvania can be life-altering. While there are no mandatory minimum sentences, the potential prison terms are lengthy. The severity of the punishment is determined by how the offense is graded:

• Second-Degree Misdemeanor: This is the standard classification for a strangulation offense.
• Second-Degree Felony: The charge is elevated to this level if the victim is a family or household member of the defendant, or if the two parties have a past or current sexual relationship.
• First-Degree Felony: The most serious classification applies in three specific scenarios: if the defendant has a prior strangulation conviction, if the act occurred while violating a Protection from Abuse (PFA) order, or if a weapon was used during the crime.

The potential incarceration periods correspond to the grading of the crime. A second-degree misdemeanor can result in up to two years in prison. A second-degree felony carries a maximum sentence of ten years. Finally, a first-degree felony can lead to a prison term of up to twenty years. Because judges in Berks County and across the state have sentencing discretion, outcomes can range from probation to maximum jail time. Furthermore, under federal and state laws, a domestic violence conviction typically results in the loss of firearm ownership rights. If you are facing these severe risks, consulting with a Morgantown DUI attorney who also handles violent crime defense is essential to understanding your exposure.

Strangulation Defenses

Although the new laws favor the prosecution, a defendant is not without options. There are several defense strategies that can be employed depending on the facts of the case.

• Self-Defense: If evidence suggests that the alleged victim was the aggressor who initiated the physical conflict, the accused may claim self-defense. In this scenario, the burden of proof shifts to the prosecution, who must prove beyond a reasonable doubt that the defendant did not act in self-defense. If they cannot disprove it, the defendant must be acquitted. A qualified Morgantown criminal lawyer can help gather the necessary evidence to support this claim.
• Pre-Trial Diversionary Programs: In situations where the alleged victim did not suffer serious injury, the prosecution might agree to a pre-trial diversionary program, such as ARD. If the defendant successfully completes the program’s requirements—which often include counseling, community service, and fines—the charges can be dismissed. This can also lead to the expungement of the criminal record. And only a skilled Morgantown criminal lawyer can offer the strategic guidance required to achieve this outcome.
• Credibility: Even though physical injury is not a requirement for conviction, the credibility of the accuser is still a central issue. For example, if a victim claims they were strangled for a long period but shows absolutely no redness or marks, a Morgantown DUI attorney can question the plausibility of that account. During cross-examination, the defense can explore potential motives for false accusations, such as leverage in a custody battle, jealousy, or immigration concerns.

Every person charged with a crime in Pennsylvania has the right to a fair trial before a judge or jury. It remains the prosecution’s duty to prove guilt beyond a reasonable doubt. If the credibility of the accuser is successfully challenged, it can lead to an acquittal.

Mountaineer Law Group

If you are facing charges related to domestic violence or assault, you need a defense team with a track record of success. Trust Attorney Sean Logue and the experienced professionals at our group to fight for your rights. They possess the skills and knowledge necessary to provide effective representation in these complex cases.

Whether you need a Morgantown criminal lawyer for an assault charge or legal guidance on other criminal matters, do not wait to build your defense. Call the group today at (304) 381-3656 or contact them online to schedule a free initial consultation. Mountaineer Law Group proudly serves clients in Morgantown, PA, West Virginia, and Ohio. When your future is on the line, ensure you have a dedicated Morgantown DUI attorney and criminal defense expert on your side.