Strangulation Charge VA: Everything You Need to Know

Strangulation Charge VA: Everything You Need to Know
2 min read
25 October 2023

Strangulation is a serious felony offense in Virginia. It is defined as knowingly, intentionally, and unlawfully applying pressure to the neck of another person resulting in the wounding or bodily injury of such person. Strangulation can be charged even if the victim does not lose consciousness.

Elements of a Strangulation Charge in Virginia

To prove a strangulation charge, the prosecution must prove the following elements beyond a reasonable doubt:

  • The defendant applied pressure to the victim's neck.
  • The defendant did so knowingly, intentionally, and unlawfully.
  • The application of pressure impeded the victim's blood circulation or respiration.
  • The victim suffered a wound or bodily injury as a result.

Penalties for Strangulation in Virginia

Strangulation is a Class 6 felony in Virginia. If convicted, a person can face a prison sentence of 1 to 5 years and a fine of up to $2,500. However, the judge may also reduce the sentence to a jail sentence of up to 12 months and a fine of up to $2,500.

Defenses to a Strangulation Charge in Virginia?

There are a few defenses that can be raised to a strangulation charge, including:

  • Self-defense: The defendant acted in self-defense or to protect another person.
  • Accident: The defendant did not intend to strangle the victim.
  • Consent: The victim consented to being strangled.

What to Do If You Are Charged with Strangulation in Virginia?

If you are charged with strangulation in Virginia, it is important to contact an experienced criminal defense attorney immediately. A lawyer can help you understand the charges against you, develop a defense strategy, and represent you in court.

Why a Strangulation Charge is a Serious Matter?

A strangulation charge is a serious matter for several reasons. First, it is a felony offense, which means that a conviction can result in a prison sentence and a permanent criminal record. Second, a strangulation charge can have a significant impact on your personal and professional life. For example, you may lose your job, have difficulty finding housing, and be unable to own a firearm.

If you have been charged with strangulation in Virginia, it is important to take the charges seriously and contact an experienced criminal defense attorney immediately.

 

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