Greenwich Strangulation Lawyer
No matter what type of strangulation offense you are facing or suspect you may be accused of, a seasoned Greenwich strangulation lawyer could help you understand what legal basis prosecutors are using for your charges, collect exculpatory evidence on your behalf, and diligently advocate for a fair and positive case resolution. Our confident assault attorneys are prepared to fight for your rights and freedoms in court.
Defining Misdemeanor Strangulation Under State Law
Among the various criminal offenses that are often classified as domestic violence in Connecticut, “strangulation” is somewhat unique in terms of how much the consequences associated with a conviction can change based on the circumstances. Depending on exactly what type of conduct a person accused of this offense engaged in, they may wind up facing misdemeanor or felony-level sanctions upon conviction.
According to Connecticut General Statutes §§53a-64aa through 53a-64cc, criminal strangulation entails someone either restraining someone else by the neck or throat or obstructing someone else’s nose or mouth in such a way that it impedes the other person’s breathing and/or blood circulation. A person cannot be prosecuted for strangulation as well as assault and/or unlawful restraint based upon a single incident or action, but the same information can be used to support charges for any combination of those three offenses if applicable.
If someone strangles or suffocates someone else recklessly, meaning they did not consciously intend to impede their breathing or blood flow but ended up doing so accidentally through egregiously irresponsible conduct, they may be charged with Strangulation in the Third Degree. This is a class A misdemeanor for which maximum penalties upon conviction include one year in jail plus $2,000 in fines.
Notably, as a Greenwich strangulation attorney could further explain, this version of strangulation and all other variants defined in the Connecticut Penal Code may be classified as domestic violence if the individual impacted by the defendant’s actions is a family member or a member of their household.
When Does Strangulation Become a Felony Offense?
If someone knowingly and intentionally strangles or suffocates someone else, even if it was only for a moment, they would generally face charges for Second-Degree strangulation. This is a much more serious charge than Third-Degree Strangulation, since the Connecticut Penal Code categorizes it as a class D felony which, upon conviction, could be punishable by a maximum five-year term in prison as well as up to $5,000 in fines.
Strangulation in the First Degree entails someone committing Second-Degree Strangulation (1) after having been convicted of that same offense at least once before, (2) while using or attempting to use a “dangerous instrument,” and/or (3) in a way which causes serious physical injury to the targeted individual. As a seasoned lawyer could affirm, convictions for this type of strangulation offense in Greenwich can result in a mandatory minimum one-year prison term and maximum sanctions of ten years’ imprisonment plus $10,000 in fines.
Schedule a Consultation with a Greenwich Strangulation Defense Attorney
Strangulation charges can be difficult to effectively contest in court given their sensitive nature and their common classification as domestic violence offenses. A Greenwich strangulation lawyer could provide much-needed guidance and legal support throughout every stage of the proceedings against you.
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