Darien Second-Degree Strangulation Lawyer
It is wise for anyone charged with strangulation in the second degree to consult a top domestic violence attorney. A Darien second-degree strangulation lawyer could provide advice to prevent missteps while building a solid defense to fight your charges.
What is Strangulation in the Second-Degree?
Under Connecticut General Statutes (“C.G.S.”) §53a-64bb, strangulation occurs when someone takes another person around the neck or throat or blocks their mouth or nose and by so doing, restricts that person’s breathing or the blood flow. If the act of strangulation or suffocation is committed intentionally, then the offense is felony second-degree strangulation.
Intent is difficult to prove and a Darien strangulation in the second-degree attorney may be able to argue that the accused acted recklessly or negligently rather than intentionally.
What are the Penalties for Second Degree Strangulation?
Strangulation or suffocation in the second degree is a Class D felony punishable by a fine as high as $5,000, up to five years of incarceration, and/or a period of up to 3 years’ probation.
In some situations, a Darien second-degree strangulation lawyer may be able to negotiate alternative penalties. In domestic violence cases, courts often focus on treatment, so counseling and other conditions may be available in place of imprisonment.
Complicating Factors When Strangulation is Connected with Domestic Violence
When police are called to the scene of suspected domestic violence, an arrest is almost a guarantee. In order to protect potential victims, the laws encourage arrests even in situations where they may not be warranted.
The law also provides for the imposition of protective orders in domestic violence cases. It is vital for anyone subject to a protective order to understand the terms to avoiding violating them. Even an accidental violation of a protective order may be treated as an additional felony offense.
Because actions and statements can be taken out of context and used against a person, it is a good idea to seek advice from a Darien second degree strangulation lawyer as soon as possible after a domestic violence arrest. In addition to helping with protective order compliance, an attorney may also be able to negotiate less burdensome terms for an order.
Work with an Experienced Darien Second Degree Strangulation Attorney
A conviction for felony strangulation could cause a host of difficulties for years to come. It is wise for anyone arrested for strangulation or suffocation to seek legal advice as soon as possible. Help from a Darien second-degree strangulation lawyer could help you prevent costly mistakes, including actions that forfeit your rights.
When you work with an experienced defense attorney, you gain an advocate who can stand by at every step of the case process, working toward a positive outcome. To learn what may be possible in your particular situation, call Mark Sherman Law.