Understanding Felony Assault by Strangulation
Felony assault by strangulation is a serious crime. It involves intentionally blocking normal breathing or blood flow. This occurs by applying pressure to the neck or blocking the nose and mouth. Specifically, it differs from simple assault due to its high potential for death or long-term trauma. Indeed, just a few seconds of restricted oxygen can cause permanent brain damage. Furthermore, many jurisdictions do not require proof of visible bruising. This is largely because internal damage to the trachea or arteries is often invisible. Ultimately, these laws recognize that strangulation is a uniquely dangerous predictor of future violence.
Key Legal Elements
To secure a conviction, the prosecution must prove several factors:
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Intent: First, the perpetrator must intend to impede breathing or circulation.
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Physical Act: Additionally, they must physically apply pressure to the neck or airway.
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Felony Status: In contrast to simple battery, this is a felony because of the inherent risk of death.
The Legal Breakdown
Regarding the law, several strict standards apply:
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The Rule: Notably, those charged with this felony cannot request a trial instruction for “regular” assault.
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The Reasoning: This is because courts view strangulation as a highly specific injury requiring distinct evidence.
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The Implication: Consequently, this charge excludes other types of injuries by definition.
The Role of the Indictment
In light of these rules, the wording of the indictment is critical. If it only alleges strangulation, the courts apply strict limits. While the State can amend these documents, do not rely on their cooperation.
How We Can Help
At the Coffey Firm, however, we challenge the court’s rigid reasoning. We aggressively negotiate to reduce or dismiss these charges. Don’t leave your future to chance. Instead, let us fight for your best possible outcome.
