Strangulation

Lawmakers in Pennsylvania recently enacted updated legislation that drastically elevates the punishments associated with specific domestic violence offenses. Under the newly established strangulation statute, choking a family member or domestic partner is now classified as a felony under certain conditions. Before this legal shift, choking was merely treated as a misdemeanor offense—specifically, simple assault—provided that the victim did not suffer any bodily injury. Following the rollout of this legislation, the repercussions for domestic violence assault are significantly harsher, varying based on the specific facts of the case.

Definition of Strangulation

According to the Pennsylvania Criminal Code, the legal definition of strangulation is outlined as follows:

“Intentionally or knowingly restricting the circulation or breathing of another individual by:

• Placing pressure on the person’s neck or throat, or
• Obstructing the mouth and nose of the individual.”

Anyone facing these serious allegations should consult a knowledgeable New Castle criminal lawyer to understand their legal rights. With the updated law in place, prosecuting attorneys no longer have the burden of proving that a physical injury actually took place. Furthermore, defense counsel is barred from arguing the absence of physical injury as a valid defense strategy.

This legislative shift makes it much easier for the prosecution to secure a strangulation conviction compared to an aggravated assault charge. To prove aggravated assault, the state must demonstrate that the accused actively intended to inflict serious bodily injury and took deliberate steps to achieve it. In the past, an attorney—even a New Castle DUI attorney handling cross-practice criminal cases—might argue that the lack of injury disproved the defendant’s intent to harm. Today, that specific defense is entirely invalid for strangulation cases. This revised legal framework gives the state a much stronger position against individuals accused of this crime, aiming to promote accountability and justice.

Consequences for Strangulation Convictions

The legal consequences tied to strangulation convictions are incredibly harsh, even though lawmakers did not establish mandatory minimum sentences. Let us examine the various grading levels of this criminal offense and the potential penalties they carry:

• Second-Degree Misdemeanor: As a default standard, strangulation is charged as a second-degree misdemeanor.
• Second-Degree Felony: The charge escalates to a second-degree felony if the alleged victim is a family or household member, or if the defendant and victim share a previous sexual relationship.
• First-Degree Felony: Strangulation is upgraded to a first-degree felony under three specific conditions: the accused has a prior strangulation conviction, a Protection from Abuse (PFA) order was violated during the incident, or the offender utilized a weapon.

Punishments fluctuate based on the severity of the charge. Second-degree misdemeanors can result in up to two years behind bars, whereas second-degree felonies might carry a maximum ten-year prison sentence. First-degree felonies enforce the most rigorous penalties, with maximum prison terms reaching up to twenty years. Since mandatory minimums do not apply, judges maintain broad discretion during sentencing, meaning outcomes can range from simple probation to lengthy incarceration. An experienced New Castle criminal lawyer understands that, additionally, individuals convicted of a domestic violence offense lose their legal right to possess firearms.

Strangulation Defenses

Even though the burden of proof has eased for the prosecution, defendants still have several viable defense strategies available. These tactics, often utilized by a skilled New Castle DUI attorney or criminal defense advocate in various domestic violence cases, depend heavily on the distinct facts of the situation. They include:

• Self-Defense: If the defense team can prove that the alleged victim actually started the physical confrontation, they can argue self-defense. In this scenario, the prosecution must completely disprove the self-defense claim. If the state fails to do so, the defendant must be acquitted.
• Pre-Trial Diversionary Programs: If the accuser did not suffer serious physical harm, the state might allow the accused to enter a pre-trial diversionary program. Completing all program stipulations—which could involve community service, mandatory counseling, paying fines, and avoiding new arrests—can lead to the dismissal of the charges and the eventual expungement of the criminal record.
• Credibility: Because prosecutors no longer need to show physical harm to secure a strangulation conviction, examining the accuser’s truthfulness is critical. For example, if the accuser states they were choked for an extended period but has absolutely no bruising or red marks on their neck, the defense can use this lack of physical evidence to suggest the story was fabricated. During cross-examination, a dedicated New Castle criminal lawyer can expose hidden motives behind a false accusation, such as jealousy, financial gain, or immigration benefits. Every person accused of a crime in Pennsylvania has the right to a fair trial before a judge or jury, and the state must prove every element beyond a reasonable doubt. Even without the requirement of physical injury, a lack of victim credibility can easily result in an acquittal.

Logue Law Group

Rely on Attorney Sean Logue and his highly skilled team of New Castle DUI attorneys at Logue Law Group to aggressively defend you against domestic violence and assault accusations. Backed by a strong track record of successful outcomes, they have the knowledge and dedication needed to protect your rights. If you are currently facing charges for domestic violence strangulation in Lawrence County or the surrounding areas, reach out immediately. Call them today at 412.387.6901 or contact the group online to arrange a free, confidential initial consultation. Logue Law Group proudly represents clients in New Castle, Pennsylvania, Ohio, and West Virginia.