A charge of Assault by Strangulation will accompany a charge of domestic assault and battery; it is an enhanced charge based on the nature of the incident. This charge is a felony offense. A strangulation charge is no different from any other domestic assault and battery charge in terms of how it can be defended. The charge has an enhanced penalties because it essentially alleges a more serious and violent assault and battery.
Prior to the new law when faced with an alleged victim who had said they were strangled, the prosecutor had to choose to charge the defendant with either attempted murder or simple assault and battery. Attempted murder charges are difficult to prove and require that the prosecutor prove a specific intent to kill. A simple assault and battery is a misdemeanor. The prosecutors were left with choosing between an extremely difficult case to prove or a much less serious charge.
If the offense is charged as a second offense, if the strangulation results in serious injuries, if the strangulation is charged in violation of an active restraining order or if the alleged victim is pregnant the defendant faces up to ten years in state prison or two and a half years in the house of correction. While a Strangulation charge could be brought over an Attempted Murder, in many cases it will be a way to overcharge a domestic assault and battery. It may also be used to bolster the charges.
The penalties assessed are more severe, and they can get even harsher depending on the circumstances of your situation. For instance, there are different degrees of assault by strangulation:
First-degree felony assault by strangulation: You may be sentenced to a minimum of five years in prison and a maximum of life in prison. You will also be assessed a fine.
Second-degree felony assault by strangulation: You may be sentenced from 2 to 20 years in prison and assessed a fine not to exceed $10,000.
Third-degree felony by strangulation: You may be sentenced to up to 10 years in prison and assessed a fine not exceeding $10,000.
An experienced lawyer will help you understand the differences between the felony types and what penalties you might face. Generally speaking, the degree of the felony changes depending on the history you have with assault offenses, especially with regard to domestic violence.
The ramifications of a conviction for an assault by strangulation are serious; do not risk your freedom by attempting to representing yourself. It is critical to have an experienced attorney help you formulate the strongest, most convincing defense on your behalf.
An assault by strangulation charge can have many detrimental effects on your family, reputation, job, hobbies, and any future prospects. It can also have an effect on any current family-related court orders you may have in place, and it can cause Child Protective Services to become involved in you and your family’s affairs.
