Strangulation

Recently, Pennsylvania lawmakers passed a new policy that significantly increases the consequences for specific domestic violence charges. The updated strangulation statute now classifies choking a family member or domestic partner as a felony in some circumstances. Previously, such an act was only categorized as a misdemeanor, specifically simple assault, as long as bodily injury had not occurred. However, with this legislative change, the penalties for domestic violence assault have become more severe, depending on the situation.

Definition of Strangulation

The Pennsylvania Criminal Code defines strangulation as follows:

“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 the revised law, it is no longer necessary for prosecutors to prove that physical injuries occurred. Additionally, lack of injury can no longer be used by the defense as evidence of the absence of criminal activity.

This update streamlines the process for prosecutors in proving strangulation compared to aggravated assault, which requires evidence that the defendant intended to cause severe bodily harm and took actionable steps to accomplish it. Previously, an Erie criminal lawyer might have argued against a prosecutor’s claims by emphasizing the absence of injury, negating the defendant’s intent. However, this defense is no longer permissible in strangulation cases, making such charges easier to substantiate.

With these changes, the statute creates a more robust framework to safeguard victims and hold alleged offenders accountable.

Consequences for Strangulation Convictions

When facing a strangulation conviction, the penalties can be harsh, although mandatory minimum sentences are not applied. Below are the degrees of offenses and the associated consequences.

Degrees of Strangulation Offenses

• Second-Degree Misdemeanor

Strangulation is generally categorized as a second-degree misdemeanor.

• Second-Degree Felony

A strangulation charge escalates to a second-degree felony if the victim is a household or family member, or if there was a prior sexual relationship between the victim and defendant.

• First-Degree Felony

Strangulation is classified as a first-degree felony under the following conditions:

• The defendant has already been convicted of strangulation.
• A Protection from Abuse (PFA) order was violated during the alleged strangulation.
• A weapon was involved in the act.

Penalties by Degree

• Second-Degree Misdemeanor: Up to 2 years in prison.
• Second-Degree Felony: Up to 10 years in prison.
• First-Degree Felony: Up to 20 years in prison.

Because there are no mandatory minimum sentences, judges have discretion over penalties, which can range from probation to incarceration. Additionally, those convicted of domestic violence, including charges of strangulation, are legally barred from owning firearms.

Defenses for Strangulation Cases

Although the revised law simplifies the prosecution’s case for strangulation charges, defendants still have several potential defenses to explore. These defenses, which can also apply to other domestic violence charges, depend on the specifics of each case.

1. Self-Defense

If the alleged victim initiated the altercation, defendants can argue self-defense. To succeed, the defense must show that the defendant acted to protect themselves. It is the prosecution’s responsibility to disprove self-defense beyond a reasonable doubt. If the prosecution fails to do so, the defendant may be acquitted.

2. Pre-Trial Diversionary Programs

If the alleged victim did not sustain significant injuries, the prosecution might offer the defendant participation in a pretrial diversionary program. Meeting the program’s requirements, such as completing community service, counseling, and avoiding new arrests, can result in the dismissal of charges. Successfully completing the program also allows for expungement of the defendant’s criminal record.

3. Credibility of the Alleged Victim

While physical injury is no longer required to prove strangulation, the credibility of the alleged victim remains critical. If the victim claims to have been strangled for a prolonged period but presents no visible signs of trauma, the defense may use this lack of evidence to suggest fabrication. Additionally, cross-examination may uncover motives for false allegations, such as personal gain, jealousy, or immigration benefits.

Each individual charged with a crime in Pennsylvania, including strangulation, is entitled to a fair trial with either a judge or jury. Prosecutors must prove their case beyond a reasonable doubt. If the judge or jury questions the victim’s credibility, an acquittal could be the result.

Why Choose Logue Law Group for Representation

When facing allegations of domestic violence-related strangulation in Erie County, trust experienced Erie DUI attorney from the Logue Law Group. Attorney Sean Logue and the accomplished team at Logue Law Group are dedicated to providing a strong legal defense.

With a proven record of success, the Logue Law Group takes pride in fighting for clients’ rights and offering comprehensive legal services. If you are facing allegations of domestic violence, contact Logue Law Group today at 844.PITT.DUI or visit them online to schedule a free consultation. The group serves clients across Erie County, Ohio, and West Virginia.

Regardless of the circumstances, every defendant deserves a fair and detailed defense. Reach out to our skilled team at Logue Law Group for accessible legal support and representation.