Strangulation

Legislators in Ohio have enacted a new law that notably stiffens the penalties for specific domestic violence offenses. The new strangulation statute, in particular, now classifies the act of choking a family member or domestic partner as a felony under certain conditions. Before this legal update, choking was typically charged as a simple assault misdemeanor, provided no bodily harm was evident. This new law means that penalties for domestic violence assault are now more severe, with the gravity depending on the specific facts of the case.

Definition of Strangulation

The Ohio Criminal Code defines strangulation 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.”

A key aspect of this new law is that prosecutors are no longer required to prove physical injury occurred. Consequently, a defense attorney cannot use the absence of physical injury to argue on the defendant’s behalf. This change makes it simpler for a prosecutor to bring a strangulation charge compared to an aggravated assault charge, which demands proof that the defendant intended to cause serious bodily injury and took steps to do so. Previously, a Steubenville criminal lawyer could argue that the lack of injury negated the defendant’s intent to cause harm. However, this defense is no longer applicable in strangulation cases.

With this updated legislation, the argument against an individual accused of strangulation is stronger, promoting greater justice and accountability.

Consequences for Strangulation Convictions

The penalties for a strangulation conviction can be substantial, though there are no mandatory minimum sentences. Let’s explore the different degrees of this offense and their potential consequences:

• Second-Degree Misdemeanor: Strangulation is classified as a second-degree misdemeanor by default.
• Second-Degree Felony: The charge is elevated to a second-degree felony if the victim is a family or household member of the defendant, or if the victim and defendant have had a prior sexual relationship.
• First-Degree Felony: Strangulation becomes a first-degree felony under three specific conditions: if the defendant has a prior conviction for strangulation, if the act violates a Protection from Abuse order, or if a weapon is used during the offense. A Steubenville criminal lawyer can help assess the degree of the charge and potential defenses based on the circumstances.

Penalties are determined by the offense’s degree. A second-degree misdemeanor can result in up to two years in prison. A second-degree felony may lead to a prison sentence of up to ten years. First-degree felonies carry the harshest penalties, with potential prison terms of up to twenty years. It’s crucial to remember that judges have discretion in sentencing because there are no mandatory minimums; punishments can range from probation to incarceration. Furthermore, anyone convicted of domestic violence is prohibited from possessing a firearm. A Steubenville DUI attorney might handle cases with related charges.

Strangulation Defenses

While the prosecution’s path to proving strangulation is now more straightforward, defendants still have various defense strategies to consider. These defenses, which also apply to other domestic violence charges, depend on the specific circumstances of the incident. They include:

Self-Defense

If the defense can show that the alleged victim was the aggressor, the defendant can claim self-defense. In this scenario, the prosecution must disprove the self-defense claim beyond a reasonable doubt. If they fail to do so, the defendant will be acquitted.

Pre-Trial Diversionary Programs

If the alleged victim did not suffer serious injuries, the prosecution might offer the defendant a chance to enter a pre-trial diversionary program. Successful completion of the program’s requirements— which can include paying fines, performing community service, attending counseling, and staying out of legal trouble— can lead to the charges being dismissed and the defendant’s criminal record being expunged. A Steubenville criminal lawyer can help negotiate this.

Credibility

Even though prosecutors don’t need to prove physical harm to secure a strangulation conviction, there are ways to challenge the alleged victim’s credibility. For example, if the victim claims they were strangled for a prolonged period but has no visible marks on their neck, the defense can argue the story is fabricated. During cross-examination, the defense can also explore potential motives for a false accusation, such as personal gain, jealousy, or immigration benefits. Every person charged with a crime in Ohio is entitled to a fair trial, and it is the prosecution’s duty to prove every charge beyond a reasonable doubt. If a judge or jury has doubts about the victim’s credibility, the case could end in an acquittal.

Logue Law

Trust Attorney Sean Logue and his skilled Steubenville DUI attorney at Logue Law to defend you against domestic violence and assault charges. With a proven track record of success, they have all the necessary qualities to represent you effectively. If you are facing allegations of domestic violence strangulation in Steubenville, call them now at 844.PITT.DUI or contact them online to schedule a free initial consultation. Logue Law proudly serves clients in Pittsburgh, Steubenville, and West Virginia.