Experienced Defense Against Domestic Assault By Strangulation Charges
Police and prosecutors will often “overcharge” domestic strangulation charges. The reason is that “strangulation” is defined as “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.” So what can happen is that when people have an argument that turns physical, police will ask the accuser, sometimes forcefully, if their breathing was affected or something close to this definition above.
Sometimes the defendant was pushing the accuser away or restraining the accuser from hitting the defendant more. Unfortunately, these situations often result in wrongful or inaccurate strangulation charges which can carry devastating consequences. The biggest mistake individuals can make when facing domestic violence charges of any kind is to speak up in front of law enforcement before having a lawyer with them. All this does is offer statements that the prosecution will likely use against you during your case, and sometimes the questioning is not fair and open.
The best thing you can do for yourself if you have been arrested on domestic assault charges is to:
- Ask to call your lawyer. If you do not yet have one, call on a lawyer now 612-474-5420.
- Remain silent. Do not speak during interrogations. When your lawyer arrives, say only as much as your lawyer advises you to.
Consequences Of A Strangulation Conviction
Domestic assault by strangulation is a felony. If convicted, you face potential prison time and a felony record. Additional consequences include:
- No contact order: A domestic assault no contact order (DANCO), requires you to avoid direct and indirect contact with the purported victim. This can raise extreme hardship, as this means you cannot go back to your own home if the purported victim lives there, you have limited access to your children and more. One violation could put you right back in jail.
- If you are charged with and/or convicted of domestic assault by strangulation, you will be prohibited from possessing a firearm or ammunition.
- Probation: You will likely report to a probation officer for some time after you have served your jail sentence. Any misstep here could result in a probation violation and land you back in jail.
Domestic assault by strangulation is a crime of violence. This means that a conviction will also leave you facing an uphill battle any time you seek out new employment, housing or financing, as almost every company runs background checks.
Evidence Is Everything In These Cases
Strangulation charges are serious. Ryan Pacyga Criminal Defense, our experience shows us that many allegations of strangulation are not true. We will examine the allegations and evidence that often come in the form of:
- A purported victim’s initial statements
- Follow-up statements by the purported victim
- Photographs of physical harm
- Medical records
We will analyze this evidence, and anything else that comes to light, with complete scrutiny. Due to our extensive criminal defense experience and long list of successful cases, we have proven time and again that we know how to accurately and aggressively attack a prosecution’s case. We will do everything we can to hold the prosecution to its burden and to find holes in any of its arguments.
Standing By You All The Time, Any Time
When you hire our firm, you get an advocate who will stand with you at a time when everyone else is questioning you. We will fight hard for you at all times, working always with the goal of keeping this arrest and conviction off your record.
If you are facing charges, do not wait to see what happens next. Call one of our assault defense attorneys today at 612-474-5420. We answer our phones 24 hours a day, 365 days a year. You may also reach our law firm online.