New Canaan Third-Degree Strangulation Lawyer
If you were arrested for third-degree strangulation or suffocation, reach out to a New Canaan third-degree strangulation lawyer for help protecting your rights and fighting for a positive resolution to your charges.
Understanding the Crime of Strangulation
The Connecticut General Statutes (C.G.S.) define three degrees of strangulation crimes, all of which involve the same basic action. What determines the severity of the offense are factors like:
- Criminal record;
- The intent of the actor;
- The use of a dangerous instrument; or
- Serious injuries resulting from the incident.
The more serious strangulation offenses involve situations in which someone intends to choke, suffocate, or strangle another person. However, as a New Canaan third-degree strangulation lawyer may advise, prosecutors do not need to prove intent to find someone guilty of strangulation in the third degree.
What is Third-Degree Strangulation?
C.G.S. §53a-64cc describes the crime of strangulation in the third degree. An individual commits strangulation when that person “restrains another person by the neck or throat or obstructs such other person’s nose or mouth and impedes the ability of such other person to breathe or restricts blood circulation of such other person.”
To be guilty of third-degree strangulation, the person must be acting “recklessly.” A New Canaan third-degree strangulation lawyer may be able to demonstrate that the person accused did not commit the offense by showing that they acted negligently rather than recklessly.
What is a Reckless Action?
The law assigns a specific meaning to the term “recklessly.” Someone acts recklessly under C.G.S. §53a-3(13) when they know about but choose to ignore a significant risk that a given result will occur.
In this case, that result would be the impairment of breathing or circulation. The risk must be so unjustifiable that a reasonable person would not ignore it under the circumstances. A third-degree strangulation lawyer in New Canaan could look for evidence to show that an action was taken in self-defense or in another manner that did not rise to legal recklessness.
What are the Penalties for Third-Degree Strangulation?
Those convicted of strangulation in the third degree may be sentenced to up to a year in jail because the offense is a Class A misdemeanor. The judge may also require payment of a $2,000 fine, a period of probation, and other consequences.
A New Canaan third-degree strangulation lawyer could advocate for alternative penalties whenever possible. An attorney could also help with other consequences, such as the terms of a protective order or the scheduling of court-ordered counseling sessions.
Work with a Skilled New Canaan Third-Degree Strangulation Attorney
For many people, the stigma of a criminal conviction causes more harm over the long term than fines, incarceration, and other official penalties. A New Canaan third-degree strangulation lawyer will fight to minimize the adverse effects and help you reach a positive outcome. An attorney could also provide advice about compliance with protective orders and other key issues.
As time passes, it can become more difficult to locate and preserve vital evidence, so delays can prove costly. To learn how a strangulation defense attorney could benefit your situation, call Mark Sherman Law today.