The Recognition of Strangulation as a Felony Offense
Previously, acts of strangulation, or choking, were considered a simple assault or categorized as a harassment offense.
However, in 2016, Pennsylvania adopted Act 111, which recognized strangulation as a felony offense. This means individuals accused of strangulation will now be facing harsher penalties. Several anti-domestic violence groups joined hands together to categorize a brutal act like strangulation as a felony offense for one good reason- so that harsher penalties would deter domestic abusers, and promote awareness across every household.
So, if you’re facing accusations of strangulation, do seek help from our expert Pittsburgh criminal lawyers, or else your life might take an unforeseen turn within days.
An Overview of the Crime
Title 18, Section 2718 of the Pennsylvania Criminal Code recognizes strangulation as ‘the intentional and reckless obstruction of breathing or blood circulation.’
Strangulation can be done by applying physical pressure to the victim’s throat or neck. Not just this, but strangulation also includes compressing the chest or abdomen, or covering the nose and mouth.
Previously, if there were no visible injuries, the accused got a chance to defend themselves. But thankfully, the new law doesn’t allow that. The focus has now shifted entirely to how the assault has been committed.
This legislative change became a true game-changer for proving domestic violence cases across households. So, if you are navigating such deep waters alone, it is best to consult an experienced Pittsburgh criminal lawyer immediately.
Why Was this Change Essential?
The worst part about strangulation is that it leaves little to no external evidence of the trauma! Therefore, victims might suffer from severe internal damage, which might not be immediately visible, but is felt much later on.
And under the old law (before the amendment in 2016), prosecutors had a really hard time proving that strangulation causes serious bodily injuries.
Besides that, the danger and gravity of the crime were somewhat looked down upon in court back in those days. However, lawmakers recognized this gap and brought about a statute that approved the lethal nature of the act.
This simple, yet crucial legislative move made sure that the potential for death is properly weighed in the charge. Anyone accused of this serious crime should understand that the stakes have gotten quite high! And that’s exactly the reason you need to have a dedicated Pittsburgh criminal lawyer on your side.
Serious Consequences and Legal Classification
The recognition of strangulation as a felony carries severe penalties.
In many jurisdictions, this crime is classified as a second-degree felony. This charge carries an imprisonment sentence of up to 10 years if-
- The act is committed against a family member or a member of your household, like spouses, ex-spouses, live-in partners, parents, and children, etc.
- The act occurred during sexual violence.
- The act occurred with stalking or human trafficking.
A felony conviction has profound, lifelong collateral consequences. It can bring over negative impacts on future employment opportunities, deter you from securing loans, and even jeopardize your housing eligibility. The prosecutor no longer needs to prove severe, lasting harm. Rather, they only need to prove that the act of obstruction occurred under the specified conditions.
This reclassification showcases a zero-tolerance policy for such grave violence. A strong defense requires a deep understanding of these new statutes, and therefore, the assistance of a top Pittsburgh criminal lawyer is more than necessary.However, if you see that you’re about to face such consequences because of a false accusation, don’t wait, and call us at 844.PITT.DUI to schedule an appointment ASAP.