Strangulation

Recently, Pennsylvania made significant changes to its laws surrounding domestic violence, particularly with a focus on strangulation. With stricter penalties now in effect, it’s critical to understand the implications of these changes. For anyone facing charges of domestic violence in Fayette County, an Uniontown criminal lawyer from the Logue Law Group can play a crucial role in navigating the legal complexities.

What Counts as Strangulation under Pennsylvania Law

Pennsylvania has redefined strangulation under its criminal code as a specific offense with serious repercussions. According to the statute, strangulation occurs when someone knowingly or intentionally impedes another person’s breathing or circulation by either:

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

Key Changes

One notable update is that physical injury does not need to be proven to secure a strangulation charge. This means that a lack of visible injuries cannot be used as a defense. Previously, choking would typically fall under misdemeanor charges such as simple assault, provided no physical injuries occurred. Now, strangulation can be classified as a felony in certain circumstances.

For Uniontown residents, understanding these legal updates is vital when seeking support from a Uniontown DUI lawyer.

Criminal Penalties for Strangulation

Strangulation charges and penalties in Pennsylvania range in severity based on the specifics of the incident. Here’s a breakdown of potential charges and their consequences:

Second-Degree Misdemeanor

• Strangulation is classified as a second-degree misdemeanor when no aggravating factors are present.
• Penalty: Up to 2 years in prison.

Second-Degree Felony

• Applies when the victim is a family member, part of the defendant’s household, or has had a prior sexual relationship with the defendant.
• Penalty: Up to 10 years in prison.

First-Degree Felony

This most severe classification can occur under these conditions:

• The defendant has a prior conviction for strangulation.
• A Protection from Abuse (PFA) order was violated during the act of strangulation.
• A weapon was used in the offense.
• Penalty: Up to 20 years in prison.

Judges retain discretion in sentencing, as there are no mandatory minimums for strangulation. Penalties could range from probation to extended incarceration. Additionally, anyone convicted of such charges is prohibited from owning firearms, which must be surrendered.

Individuals facing these charges in Fayette County or nearby regions are encouraged to consult a Uniontown criminal lawyer, such as those at the Logue Law Group, to better understand their legal options.

Potential Defenses Against Strangulation Charges

While proving strangulation charges has become easier for prosecutors, defendants still have viable defense strategies tailored to their circumstances. These include:

Self-Defense

If evidence exists to show that the alleged victim initiated the conflict, the defense can argue self-defense. The prosecution is required to disprove self-defense claims beyond a reasonable doubt. Failure to do so could result in an acquittal.

Pre-Trial Diversionary Programs

For cases where no severe injuries occurred, defendants may be eligible for a pretrial diversionary program. This often includes participation in counseling, completion of community service, and avoiding further criminal charges. Successful completion of the program can lead to dismissal of charges and the chance to expunge the incident from the defendant’s record.

Questioning Credibility

Although physical injuries are no longer a requisite for a conviction, the defense can still challenge the credibility of the alleged victim. For instance:

• Claims of prolonged strangulation without visible marks may indicate fabrication.
• Cross-examination may reveal motives for dishonesty, such as personal gain, jealousy, or immigration benefits.

Every person charged with a crime in Pennsylvania is entitled to a fair trial, either by jury or judge. If the victim’s credibility is in doubt, the defendant may receive an acquittal.

Why Work with the Logue Law Group?

If you’ve been charged with strangulation or domestic violence in Fayette County, the experienced attorneys at the Logue Law Group can provide the defense you need. With extensive experience handling domestic violence cases, they’ll craft a detailed defense strategy tailored to your case.

What Sets Us Apart?

• Proven results defending clients against strangulation and domestic violence charges.
• Deep understanding of Pennsylvania’s legal system, including laws applicable to Fayette County cases.
• A commitment to protecting your rights and ensuring fair treatment.

Contact an Uniontown Criminal Lawyer Today

Facing a strangulation charge is serious, but you don’t have to face it alone. Contact the Logue Law Group today for a free consultation. Whether you’re in Uniontown or another part of Fayette County, we’re here to help.

Call us now at 844.PITT.DUI or visit our website to schedule your consultation with a Uniontown DUI lawyer and take the first steps toward securing your future.