Imagine you had an argument with your partner that escalated into a physical altercation. No one was seriously injured, but now you're facing a felony strangulation charge, not a simple assault and battery. The prosecution claims you impeded their breathing or blood circulation, and suddenly, you're looking at potential prison time and a felony conviction with long-lasting consequences.
We understand how quickly domestic disputes can spiral into life-altering criminal charges. As a Chesapeake criminal defense lawyer who previously prosecuted these cases, James E. Short knows exactly how the Commonwealth builds strangulation allegations and what it takes to challenge them effectively.
What Makes Strangulation Different From Simple Assault?
Virginia law treats strangulation and suffocation as distinct offenses with far harsher consequences than typical domestic assault. Section 18.2-51.6 defines two forms of the offense:
- Strangulation means applying pressure to another person's neck that impedes blood circulation or respiration and results in wounding or bodily injury.
- Suffocation means blocking or obstructing another person's airway in a manner that results in wounding or bodily injury.
Penalties for a Class 6 Felony
Strangulation is a Class 6 felony with no mandatory minimum sentence in the statutory text. It carries significantly enhanced penalties compared to misdemeanor assault and battery (Class 1 misdemeanor) or assault and battery against a family or household member (also a Class 1 misdemeanor for first offense).
A Class 6 felony can be punished by one to five years in prison, or the court or jury may impose up to 12 months in jail and a fine up to $2,500. The actual sentence depends on factors including criminal history, case circumstances, and whether you accept a plea agreement or proceed to trial. The conviction also carries long-lasting collateral consequences that misdemeanor convictions typically do not.
Importantly, this statute applies to offenses against any person, not just family or household members. While prosecutors most commonly charge strangulation in domestic dispute contexts, you can face these felony charges regardless of your relationship with the alleged victim.
The Elements Prosecutors Must Prove
To secure a conviction under §18.2-51.6, the Commonwealth must establish four key elements:
- You applied pressure to another person's neck, or blocked or obstructed their airway.
- You acted knowingly, intentionally, and unlawfully.
- You acted without the person's consent.
- Your actions resulted in wounding or bodily injury to that person.
If prosecutors cannot prove even one element, you should be found not guilty.
What "Bodily Injury" Means Under the Strangulation Statute
The requirement of "wounding or bodily injury" is a critical element prosecutors must prove.
Virginia's Supreme Court has held that "bodily injury" under §18.2-51.6 includes "any bodily injury whatsoever" and encompasses impairment of a bodily function or physical condition, consistent with ordinary meanings and the Court's discussion of impairment and harm. This broad interpretation sets a lower threshold than many people realize.
Prosecutors may argue that temporary difficulty breathing, soreness, redness that fades within hours, or complaints of throat pain can satisfy the bodily-injury element depending on the facts, even without visible marks or ongoing medical treatment.
The Lifetime Consequences Beyond Incarceration
A felony conviction for strangulation creates consequences that last far beyond your criminal sentence:
- Potential firearms prohibition. Federal law prohibits firearm possession for felony convictions and for certain domestic violence misdemeanor convictions.
- Career consequences. Law enforcement officers, military personnel, and anyone requiring security clearances or weapons access may lose their positions and face significant barriers to future employment.
- Professional license consequences. Healthcare providers, educators, and other licensed professionals often face suspension or termination proceedings after felony convictions.
- Immigration consequences. Non-citizens may face potential deportation depending on the conviction category and individual circumstances.
- Loss of civil rights. Virginia felony convictions result in loss of voting rights and other civil liberties until restored through the Governor's civil rights restoration process.
Why Physical Evidence Often Doesn't Support Strangulation Charges
Medical evidence in strangulation cases frequently provides limited documentation of the alleged incident. Research in forensic medical literature indicates that many strangulation victims present with no visible external injuries. When injuries do occur, they're often minor and fade quickly.
Documentation may be limited because photographs are not always taken immediately after incidents, and by the time medical professionals examine alleged victims, any temporary marks may have disappeared completely. This creates situations where prosecutors rely primarily on testimonial evidence rather than objective medical documentation.
How Defense Attorneys Challenge Weak Evidence
We frequently retain medical professionals to offer alternative explanations for claimed symptoms. Difficulty breathing can result from panic attacks or hyperventilation during confrontations. Redness on the neck may come from scratching, allergic reactions, or pre-existing conditions.
Common Defense Strategies for Strangulation Allegations
Challenging these charges requires a multifaceted approach targeting both the factual basis for accusations and the legal elements prosecutors must prove.
- False accusations motivated by custody disputes. Family law battles can create incentives for exaggerated allegations that emerge suspiciously after divorce filings begin.
- Lack of intent to impede breathing. Accidental contact during mutual altercations or defensive movements doesn't establish the knowing and intentional mental state required for conviction.
- Insufficient evidence of bodily injury. Without credible evidence proving wounding or bodily injury occurred, the Commonwealth cannot satisfy all statutory elements of the offense.
- Constitutional violations in the investigation. Police sometimes violate Fourth Amendment rights by conducting warrantless searches or obtaining statements without proper Miranda warnings.