New Canaan Strangulation Lawyer
If you were arrested for suffocation or strangulation, a top New Canaan strangulation lawyer can help protect your rights. A skilled assault attorney can stand by your side and fight for an optimum outcome to your case.
What is Third-Degree Strangulation?
A person commits strangulation in the third degree when they recklessly restrain someone by the throat or neck or block their nose or mouth, constricting the breath or blood flow of that person. Under Connecticut General Statutes (C.G.S.) §53a-64cc, third-degree strangulation does not require any intent to harm, intent to strangle, or any resulting harm for a violation. Recklessness is when you are aware of, but deliberately ignore a substantial and unjustifiable risk that a result will occur (C.G.S. §53a-3).
A New Canaan strangulation lawyer could seek evidence to demonstrate that there was no action impeding circulation or airflow, or that the person charged acted negligently rather than recklessly.
What are the Penalties?
Strangulation in the third-degree is a class A misdemeanor. It carries the potential for up to one year in jail, up to two years on probation, up to a $2,000 fine, or any combination of the three.
What is Strangulation in the Second-Degree
Under C.G.S. §53a-64bb, second-degree strangulation occurs when a person restrains another by the neck or throat or blocks their nose or mouth with the intent to restrict breathing or blood flow.
Negligent or reckless conduct is not sufficient for a second-degree strangulation conviction, so a New Canaan strangulation attorney may be able to argue that the accused’s actions were unintentional.
What are the Penalties?
Second-degree strangulation is a Class D felony punishable by up to five years in prison, a fine up to $5,000, and/or up to a period of 3 years’ probation. A felony conviction can cause issues in job searching and other areas of your life.
Therefore, it is imperative to contact a defense lawyer who can help get the best resolution in your case, in some situations even avoiding a felony conviction.
What is First-Degree Strangulation?
To be convicted of first-degree strangulation under C.G.S. §53a-64aa , a person must commit second-degree strangulation and either:
- Have a previous conviction for first- or second-degree strangulation;
- Cause serious physical injury to another person;
- Use a “dangerous instrument” in the commission of the offense; or
- Attempt to use a “dangerous instrument” in the commission of the offense
C.G.S. §53a-3(7) defines a dangerous instrument to be anything “capable of causing death or serious physical injury” the way it is used under the circumstances. A New Canaan suffocation attorney may be able to successfully show that one of these factors is not present in a case so that the offense cannot constitute first degree strangulation.
What are the Penalties?
As an attorney can advise, strangulation in the first degree is a Class C felony punishable by up to ten years in prison, up to a $10,000 fine, and/or up to 3 years on probation.
Work with a Knowledgeable New Canaan Strangulation Attorney
Strangulation charges could impact your life for years to come, so it is a good idea to start working with an experienced New Canaan strangulation lawyer as soon as possible after an arrest. A top criminal defense attorney could protect your rights and build a strong defense while providing sound advice about your legal options. Call Mark Sherman Law today to discuss your case.