Connecticut Second-Degree Strangulation Lawyer
An arrest in Connecticut for strangulation second-degree often arises in the course of domestic violence disputes. As a Connecticut second-degree strangulation lawyer knows, state law defines three degrees of this offense, two of which are felonies. The circumstances involved determine whether a strangulation arrest is classified as first, second or third-degree strangulation. Even the least serious of these crimes can be penalized with a substantial term of imprisonment.
Strangulation in the second degree may be the most common, but that does not mean it is simple. If someone has been arrested for strangulation second-degree, it is essential to work with an attorney familiar with the laws involved and who understands how the courts have applied them to different circumstances. When someone consults with a distinguished strangulation attorney, they can learn about someone’s options and begin working toward the best possible resolution of their case.
Understanding Connecticut Second-Degree Strangulation Law
The state criminal code defines strangulation generally as the act of restraining another by the throat with the intent to block breathing or blood flow. If the strangulation is accomplished accidentally, then it may be reduced to an arrest for third-degree strangulation.
Strangulation in the second degree is defined under Section 53a-64bb of the state penal code as:
- Restraining another by the neck or throat
- Undertaking such restraint with the intent to either obstruct the breath or circulation
- Causing such obstruction of breath or circulation
The addition of certain factors will escalate the offense to first-degree strangulation. If a dangerous instrument is used or serious physical injury results, then the charge escalates to strangulation in the first degree. A Connecticut second-degree strangulation arrest is also escalated to first degree if the party involved has a prior conviction.
Jail Penalties for Strangulation Arrests
Strangulation in the second degree is classified as a Class D felony. Section 53a-41 of the Connecticut code specifies that those convicted of a Class D felony may face up to 5 years in prison and be fined an amount up to $5,000. There are other consequences of a felony conviction such as a standing criminal protective/restraining order, difficulty in obtaining employment, housing and a lengthy period of probation.
What Happens in Court After the Arrest?
Arrests in Connecticut for Strangulation in the second degree are usually prosecuted in courts by state prosecutors who are extremely familiar with strangulation laws. It is, therefore, crucial for anyone facing strangulation charges to work with a Connecticut second-degree strangulation attorney who is able to craft the best possible defense strategy for an individual case.
A knowledgeable attorney can help ensure that forensic and scientific evidence is properly scrutinized and analyzed, police reports and photographs are examined, self-defense arguments are explored, and any additional investigation is carried out with sensitivity called for by the circumstances.
After an arrest for strangulation, a temporary restraining or protective order is usually issued which prevents the individual charged from entering the premises of, or having any kind of contact with, the alleged victim. An individual charged has the right to be heard in court regarding the terms of any protective subsequent orders and challenge the protective order at any time during their criminal case.
Get in Touch with a Connecticut Second-Degree Strangulation Attorney
If you have been charged with strangulation in the second degree, then it is important to act quickly to file motions to preserve evidence. Contact a Connecticut second-degree strangulation lawyer to get started toward achieving the best possible outcome in your case.