Strangulation

Understanding Pennsylvania’s New Strangulation Law

What Has Changed?

Recently, Pennsylvania lawmakers passed legislation that significantly increases penalties for certain domestic violence offenses. The key change is that the new strangulation statute now treats choking a partner or family member as a felony in certain situations. Previously, choking was only considered a misdemeanor, falling under simple assault unless it caused bodily harm. With this law, penalties for domestic violence have become more stringent based on the circumstances.

Definition of Strangulation

Here’s how the Pennsylvania Criminal Code defines 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 legislation, physical injury does not need to be proven by prosecutors, nor can the defense argue the absence of an injury to defend the accused. This makes it simpler for prosecutors to charge someone with strangulation rather than aggravated assault, which demands proof of intent to cause severe injury. Previously, Kittanning DUI attorneys could argue against intent if no injury occurred, but this is no longer possible for strangulation cases. This update fosters justice and accountability by providing a more robust legal framework against alleged perpetrators.

Consequences for Strangulation Convictions

While there are no mandatory minimum sentences for strangulation, the penalties can be severe. Here’s a closer look at the degrees and potential consequences:

Second-Degree Misdemeanor

• Classification: Default classification for strangulation.
• Penalty: Up to 2 years in prison.

Second-Degree Felony

• Circumstances: When the victim is within the defendant’s household or has had a prior sexual relationship with the defendant.
• Penalty: Up to 10 years in prison.

First-Degree Felony

• Circumstances: Previous conviction for strangulation, violation of a Protection from Abuse order during the act, or use of a weapon.
• Penalty: Up to 20 years in prison.

Judges have discretion in sentencing, meaning punishments can range from probation to prison time. Additionally, individuals convicted of domestic violence are prohibited from possessing firearms.

Defenses Against Strangulation Charges

Although proving strangulation has been streamlined for prosecutors, defendants have several defense strategies available, depending on their case’s specifics. Common defenses include:

Self-Defense

If the defense can prove that the alleged victim started the altercation, the defendant may claim self-defense. The prosecution must then disprove this claim beyond a reasonable doubt for a conviction.

Pre-Trial Diversionary Programs

In cases where the alleged victim did not suffer serious injuries, prosecutors might offer a pre-trial diversion. Completing program requirements—such as paying fines, community service, counseling, and staying arrest-free—can lead to charges being dropped and the record expunged.

Credibility

Even though physical harm does not need to be proven, the defense can challenge the alleged victim’s credibility. For instance, if the victim claims extensive strangulation but lacks visible injuries, the defense might present evidence of fabrication. During cross-examination, motives such as personal gain or jealousy could be explored. The burden is on the prosecution to prove the charges beyond a reasonable doubt. A lack of credibility could result in acquittal.

Trust Logue Law for Your Defense

Turn to Kittanning criminal attorney Sean Logue and his accomplished team at Logue Law Group if you face domestic violence and assault charges. With a strong track record of success, they are well-equipped to represent you effectively. To consult them for allegations of domestic violence strangulation, call 844.PITT.DUI or contact them online to schedule a free initial consultation. Logue Law Group proudly serves Kittanning, Ohio, and West Virginia.

Logue Law Group

Trust  Kittanning DUI attorney Sean Logue and his skilled team at Logue Law Group for defense against domestic violence and assault charges. With a proven success record, they possess the skills needed for effective representation. If facing domestic violence strangulation allegations, call 844.PITT.DUI or contact them online for a free initial consultation. Logue Law Group proudly serves Kittanning, Ohio, and West Virginia.