Strangulation

Legislators in our region have recently passed new laws that dramatically increase the penalties for specific domestic violence charges. The new strangulation statute, in particular, now classifies choking a family member or domestic partner as a felony under certain conditions. Before this change, choking was often charged as a misdemeanor, known as simple assault, provided no significant bodily injury was present. Now, with this law in effect, the penalties for domestic violence assault have become much harsher, varying based on the specific circumstances of the case.

Definition of Strangulation

The criminal code provides a clear definition for strangulation:

• “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 updated law, prosecutors do not need to prove that a physical injury occurred. Furthermore, a defense attorney is not allowed to argue that the lack of physical injury proves the client’s innocence. This change makes it much simpler for prosecutors to bring a strangulation charge compared to an aggravated assault charge. For an aggravated assault charge, the prosecution must show the defendant intended to cause serious bodily injury and took steps to do so. A Wheeling criminal lawyer could previously argue that the absence of injury demonstrated a lack of intent. However, this defense is no longer valid in strangulation cases. With this legislative update, the law provides a stronger stance against anyone accused of strangulation, aiming to promote justice and accountability.

Consequences for Strangulation Convictions

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

• Second-Degree Misdemeanor: By default, strangulation is treated as a second-degree misdemeanor.
• 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 past sexual relationship. A skilled Wheeling DUI attorney can help navigate these complex domestic situations.
• First-Degree Felony: Strangulation becomes a first-degree felony in three specific situations: if the defendant has a previous strangulation conviction, if the act of strangulation violates a Protection from Abuse order, or if a weapon is used during the offense.

Penalties are determined by the severity of the offense. Second-degree misdemeanors can result in up to two years in prison. Second-degree felonies may lead to prison sentences of up to ten years. First-degree felonies carry the harshest punishment, 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. This means punishments can range from probation to lengthy incarceration. Additionally, anyone convicted of domestic violence is prohibited from owning firearms. A Wheeling criminal lawyer can provide guidance on the potential sentencing outcomes based on your specific case.

Strangulation Defenses

Although it has become easier for prosecutors to prove strangulation, defendants still have several defense options to consider. These defenses, which can also apply to other domestic violence charges, depend on the unique facts of each case. They include:

• Self-Defense: A defendant may argue self-defense if they can provide evidence that the alleged victim started the altercation. In these instances, 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 any serious injuries, the prosecution might offer the defendant a chance to join a pre-trial diversionary program. Completing the program’s requirements— which can include paying fines, performing community service, attending counseling, and staying out of legal trouble— can lead to the dismissal of charges and the expungement of the defendant’s criminal record. A Wheeling DUI attorney might be able to negotiate entry into such a program.
• Credibility: While prosecutors don’t need to prove physical harm to establish a strangulation charge, there are methods to question the alleged victim’s honesty. For example, if a victim claims to have been strangled for a long time but has no visible marks on their neck, the defense can suggest the story is fabricated. During cross-examination, a defense Wheeling DUI attorney can explore potential motives for a false accusation, such as personal gain, jealousy, or immigration issues. It is a fundamental right that every person charged with a crime in West Virginia is entitled to a fair trial, with either a judge or a jury. The prosecution must prove every charge beyond a reasonable doubt. Even if an injury isn’t required for a conviction, the case could end in an acquittal if the judge or jury has doubts about the victim’s credibility. A Wheeling criminal lawyer is essential for challenging the prosecution’s narrative.

Logue Law

Trust Attorney Sean Logue and his experienced team at Logue Law to defend you against domestic violence and assault charges. With a proven track record of success, they have all the qualities needed to represent you effectively. If you are facing allegations of domestic violence strangulation in Wheeling, call them now at 844.PITT.DUI or contact Wheeling DUI attorney online here to schedule a free initial consultation. Logue Law proudly serves Wheeling, as well as the wider regions of Ohio and West Virginia.