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Strangulation is a recent charge that was codified by the Virginia legislature in 2012. Strangulation is now a separate and distinct offense from assault and battery (misdemeanor) and unlawful wounding or malicious wounding (felonies). Strangulation is a Class 6 Felony, which means that it carries with it as a penalty one year to five years in jail and/or a $2,500.00 fine.
What is Strangulation in Virginia?
In order to be found guilty of Strangulation in Virginia, the prosecution must prove that the Defendant:
The first element "no consent", is fairly straightforward. If the victim did not consent to the defendant strangling him/her, then the first element is satisfied. Next, the prosecution must prove that the strangulation slowed down or hindered blood flow or air flow. This can be shown by medical evidence or the victim usually will testify that they had trouble, or possibly even could not, breath during the strangulation.
Next the prosecution must show that the defendant did all of this on purpose...or that it did not happen on accident. For example, if the victim runs into a clothesline and loses circulation in her neck area briefly without the defendant knowingly and intentionally trying to strangle the victim, then the charges will be dismissed.
The prosecution must then show that the defendant applied pressure to the victim's neck such that the victim was either wounded or suffered bodily injury. The application of some pressure is needed to impede the blood circulation and/or airflow to the lungs of the victim. Where the defense can raise "reasonable doubt" is whether the pressure was applied to the neck and, more importantly, whether there was any wounding or injury suffered by the alleged victim. The requirement that the victim manifest some type of injury is one of the major differences between "assault and battery" and "strangulation". This manifestation of injury is more in line with other violent felony offenses such as unlawful wounding and malicious wounding.
What should I do if I am charged with Strangulation?
Strangulation is a very serious felony offense and which carries with it the real possibility of jail time. In addition, if convicted, the defendant stands lose even more by being labeled a "convicted felon". Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon". It is critical that you have legal representation from the outset of the process. Please contact us today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
What is Strangulation in Virginia?
In order to be found guilty of Strangulation in Virginia, the prosecution must prove that the Defendant:
- Without consent of the victim;
- Impeded the blood circulation or respiration of another person;
- By knowingly, intentionally, and unlawfully;
- Applying pressure to the neck of such person;
- Which resulted in the wounding or bodily injury of such person.
The first element "no consent", is fairly straightforward. If the victim did not consent to the defendant strangling him/her, then the first element is satisfied. Next, the prosecution must prove that the strangulation slowed down or hindered blood flow or air flow. This can be shown by medical evidence or the victim usually will testify that they had trouble, or possibly even could not, breath during the strangulation.
Next the prosecution must show that the defendant did all of this on purpose...or that it did not happen on accident. For example, if the victim runs into a clothesline and loses circulation in her neck area briefly without the defendant knowingly and intentionally trying to strangle the victim, then the charges will be dismissed.
The prosecution must then show that the defendant applied pressure to the victim's neck such that the victim was either wounded or suffered bodily injury. The application of some pressure is needed to impede the blood circulation and/or airflow to the lungs of the victim. Where the defense can raise "reasonable doubt" is whether the pressure was applied to the neck and, more importantly, whether there was any wounding or injury suffered by the alleged victim. The requirement that the victim manifest some type of injury is one of the major differences between "assault and battery" and "strangulation". This manifestation of injury is more in line with other violent felony offenses such as unlawful wounding and malicious wounding.
What should I do if I am charged with Strangulation?
Strangulation is a very serious felony offense and which carries with it the real possibility of jail time. In addition, if convicted, the defendant stands lose even more by being labeled a "convicted felon". Student loans, Federal aid, State and Federal subsidies, your right to vote, your right to be on a jury, and your constitutional right to own a firearm will all be placed in jeopardy should a person become a "convicted felon". It is critical that you have legal representation from the outset of the process. Please contact us today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
