Greenwich Strangulation Lawyer
Connecticut arrests for strangulation are more common in Greenwich than most people realize. Second-degree strangulation is a felony with serious penalties, even though no injury may result from the incident that triggered the arrest.
If you have been arrested for strangulation, then you should call a Greenwich strangulation lawyer as soon as possible. A capable assault attorney can help you preserve critical medical evidence, scrutinize police reports for constitutional defects, and help you build the best possible defense strategy.
Three Different Domestic Violence Strangulation Crimes in Connecticut
Connecticut criminal law sets forth three different degrees of strangulation, with penalties that increase depending on the circumstances involved. Strangulation in the third-degree occurs when an individual recklessly restrains another by the neck and in the process, restricts that person’s ability to breathe or the circulation of blood.
A more serious offense, strangulation in the second-degree, occurs when an individual restrains another by the neck with the specific intent of restricting that person’s ability to breathe or impeding their circulation. The key difference between the two offenses is dependent on whether the act was undertaken intentionally or occurred incidentally.
If, during the commission of an act that would constitute second-degree strangulation, the individual either uses a dangerous instrument or causes severe injury, then the offense becomes strangulation in the first degree. The crime also escalates to first-degree if the individual involved has a prior conviction for strangulation (CGS § 53a-64aa). A dangerous instrument in strangulation cases is an item capable of causing death or serious physical injury when used in a certain way, like a knife, gun, machete, bat, hammer, etc.
Potential Penalties for a Strangulation Offense
Strangulation in the second-degree is considered a Class D felony under Connecticut law. The penalties for this type of offense include up to five years in prison and a fine of up to $5,000. If the individual charged is determined not to have acted with intent and is convicted of strangulation in the third degree, the offense is classified as a Class A misdemeanor punishable by imprisonment for up to one year and a fine of up to $2,000.
On the other hand, if the offense is treated as first-degree strangulation due to a prior conviction for second-degree strangulation or other circumstances, it will be considered a Class C felony punishable by up to ten years in prison and a fine of up to $10,000. A Greenwich strangulation attorney can attempt to mitigate the penalties that an individual may face.
Protective and Restraining Order Consequences for Threatening Arrests
In cases involving strangulation, particularly in domestic disputes, police and courts often issue protective and restraining orders. These orders prohibit parties involved from having contact with one another and may prohibit an individual from returning to a home or other specified destination.
The terms of these orders may not always be easy to understand, but it is important to fully comply with the terms. Violating a protective or restraining order becomes a separate felony arrest in Greenwich under CGS 53a-223b.
Calling a Greenwich Strangulation Attorney
Charges involving second-degree strangulation are taken very seriously by Greenwich law enforcement officials and the consequences are potentially life-changing. If you have been charged with this offense, it is important to act quickly.
A Greenwich strangulation lawyer can help you to preserve evidence, properly comply with protective or restraining orders and work toward the best possible outcome in your case. Call a determined criminal lawyer to get started.