Strangulation is a serious felony crime in Virginia. It is defined as knowingly, intentionally, and unlawfully impeding the blood circulation or respiration of another person by applying pressure to the neck of such person resulting in the wounding or bodily injury of such person. Strangulation can be charged as a Class 6 felony, punishable by up to 5 years in prison and a $2,500 fine.
What are the elements of strangulation in Virginia?
To prove strangulation, the prosecution must prove beyond a reasonable doubt that the defendant:
Acted knowingly, intentionally, and unlawfully.
Applied pressure to the victim's neck.
Impeded the victim's blood circulation or respiration.
Caused the victim wounding or bodily injury.
What are the penalties for strangulation in Virginia?
Strangulation is a Class 6 felony in Virginia. If convicted, the defendant could face a prison sentence of 1 to 5 years and a fine of up to $2,500. However, the judge could also reduce the sentence to a jail sentence of up to 12 months and a fine of up to $2,500.
What are the defenses to strangulation in Virginia?
There are a few defenses that may be available to someone charged with strangulation in Virginia. These include:
Self-defense: The defendant was acting in self-defense or defense of another person.
Consent: The victim consented to the strangulation.
Accident: The strangulation was an accident.
What should I do if I have been charged with strangulation in Virginia?
If you have been charged with strangulation in Virginia, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy.
Here are some additional things to keep in mind if you have been charged with strangulation in Virginia:
Strangulation is a serious crime, and a conviction will have a significant impact on your life. You could face prison time, a fine, and a felony conviction on your criminal record.
A conviction for strangulation can also have other consequences, such as losing your job, your right to vote, and your right to own a gun.
If you are convicted of strangulation, you may also be required to complete domestic violence counseling and/or wear a GPS monitor.
If you are facing a strangulation charge in Virginia, it is important to take the matter seriously and contact an experienced criminal defense attorney as soon as possible.
