A strangulation charge in Virginia is a serious felony offense. It is defined as knowingly, intentionally, and unlawfully impeding the blood circulation or respiration of another person by applying pressure to their neck, resulting in wounding or bodily injury. Strangulation can be a very dangerous crime, even if the victim does not suffer serious injuries.
Elements of a Strangulation Charge in Virginia:
The prosecution must prove all five of the following elements beyond a reasonable doubt in order to convict someone of strangulation in Virginia:
The defendant knowingly, intentionally, and unlawfully applied pressure to the victim's neck.
The defendant's actions impeded the victim's blood circulation or respiration.
The victim suffered wounding or bodily injury as a result of the defendant's actions.
The defendant did not have the victim's consent to apply pressure to their neck.
The defendant was not acting in self-defense or defense of others.
Penalties for a Strangulation Conviction in Virginia:
Strangulation is a Class 6 felony in Virginia. If convicted, the defendant faces a prison sentence of 1 to 5 years and a fine of up to $2,500. The judge may also order the defendant to pay restitution to the victim for any medical expenses or other losses incurred as a result of the strangulation.
Defenses to a Strangulation Charge in Virginia:
There are a few defenses that a defendant may be able to raise in a strangulation case. One common defense is that the defendant did not knowingly, intentionally, or unlawfully apply pressure to the victim's neck. For example, the defendant may argue that they were accidentally touching the victim's neck during a struggle or that they were trying to restrain the victim in self-defense.
Another possible defense is that the victim consented to the defendant applying pressure to their neck. For example, the defendant may argue that they were engaged in consensual BDSM activity with the victim.
Finally, the defendant may be able to raise a defense of self-defense or defense of others. This defense is only available if the defendant reasonably believed that they or another person were in imminent danger of death or serious bodily injury.
If You 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. A good attorney can help you understand the charges against you and develop a strong defense strategy.
Conclusion:
Strangulation is a serious crime with serious consequences. If you have been charged with strangulation in Virginia, it is important to take the charges seriously and contact an experienced criminal defense attorney immediately.
