Strangulation

Recently, legislators in Pennsylvania passed a new law that significantly intensifies the penalties associated with certain domestic violence offenses. Specifically, this new strangulation statute categorizes choking a family member or domestic partner as a felony offense under specific circumstances. Before this legislative change, choking was only charged as a simple assault misdemeanor, provided no bodily injury took place. Now, following the implementation of this legislation, the penalties for domestic violence assault have become substantially more severe, hinting on the unique factors of the case.

Definition of Strangulation

The Pennsylvania Criminal Code offers a very specific definition for the crime of strangulation. It states that an individual commits this offense by knowingly or intentionally impeding the breathing or circulation of another person through:

• Applying pressure to the neck or throat, or
• Blocking the mouth and nose of the person.

Under this updated legislation, prosecutors are no longer burdened with proving that a physical injury occurred. Furthermore, the defense team cannot use the absence of a visible physical injury as a defense strategy to exonerate the accused. This legal shift makes it much easier for the prosecution to establish a strangulation charge, especially when compared to an aggravated assault charge. Aggravated assault requires clear proof that the defendant intended to inflict serious bodily injury and actively took steps to do so. In the past, a skilled Pittsburgh criminal lawyer might argue that no actual injury happened when the state claimed choking, successfully using the lack of marks to negate the defendant’s intent. Today, however, that specific defense is invalid in strangulation cases.

Consequences for Strangulation Convictions

When discussing strangulation convictions, the resulting penalties are incredibly harsh, even though mandatory minimum sentences are not automatically imposed. Similar to how a Pittsburgh DUI attorney must navigate varying penalty tiers, a defense attorney here must handle different degrees of this offense and their respective potential consequences:

• Second-Degree Misdemeanor: As a default baseline, strangulation is classified as a second-degree misdemeanor.
• Second-Degree Felony: The charge escalates to this level if the victim is a family or household member of the defendant, or if a prior sexual relationship existed between the involved parties.
• First-Degree Felony: Strangulation reaches the level of a first-degree felony under three specific scenarios: the defendant has a prior strangulation conviction, a Protection from Abuse (PFA) order is actively violated during the strangulation incident, or a weapon is utilized during the offense.

The penalties scale based on the specific degree of the crime. Second-degree misdemeanors can result in a prison sentence reaching up to two years. Meanwhile, second-degree felonies can put an individual in prison for up to ten years. First-degree felonies carry the heaviest consequences, bringing potential prison sentences of up to twenty years. Because there are no mandatory minimums, judges maintain discretion during sentencing, meaning outcomes can range anywhere from probation to lengthy incarceration. An experienced Pittsburgh criminal lawyer understands that, additionally, anyone convicted of a domestic violence offense loses their right to possess firearms.

Strangulation Defenses

While securing a strangulation conviction has become a simpler task for prosecutors, defendants still have several viable avenues to explore for their defense. These options—which frequently apply to other domestic violence allegations as well—depend entirely on the individual facts of every single case. They include:

• Self-Defense: If the defense can effectively prove that the alleged victim started the physical altercation, the defendant has the right to argue self-defense. In situations like this, the prosecution bears the burden of disproving the self-defense claim beyond a reasonable doubt. If they fail, the defendant must be acquitted. Just as a Pittsburgh DUI attorney meticulously reviews evidence, a defense lawyer will scrutinize the altercation details.
• Pre-Trial Diversionary Programs: If the accuser did not suffer serious injuries, the prosecution might offer the defendant entry into a pre-trial diversionary program. Completing this program’s requirements—which might involve attending counseling, finishing community service, paying fines, and avoiding new arrests—can lead to the charges being fully dismissed and the defendant’s criminal record being expunged.
• Credibility: Even though prosecutors no longer need to prove physical harm to secure a strangulation conviction, defense teams can still highlight when an alleged victim is being untruthful. For example, if the accuser claims they were strangled for a long time but has zero visible bruises or marks on their neck, the defense can use this to suggest the story is fabricated. During cross-examination, an adept Pittsburgh criminal lawyer can expose hidden motives for lying about an attack, such as jealousy, financial gain, or immigration benefits. In Pennsylvania, everyone is entitled to a fair trial by judge or jury, and prosecutors must prove every element beyond a reasonable doubt. If the fact-finder questions the victim’s credibility, the result may very well be an acquittal.

Logue Law Group

Trust Attorney Sean Logue and his dedicated team at Logue Law Group to construct a powerful defense against domestic violence and domestic violence assault charges. Backed by a proven record of favorable outcomes, they have the essential skills required to advocate for you effectively. If you are confronting allegations of domestic violence strangulation, call them today at 412.387.6901 or reach out online to schedule your free initial consultation. Logue Law Group proudly serves Pittsburgh, Pennsylvania, Ohio, and West Virginia.