Strangulation Charge in Virginia: Everything You Need to Know from jackarthur's blog

Strangulation is a serious crime in Virginia, punishable by up to five years in prison. It is defined as knowingly, intentionally, and unlawfully applying pressure to the neck of another person, resulting in wounding or bodily injury. Strangulation can be charged even if the victim does not lose consciousness.

Strangulation is a dangerous crime because it can quickly lead to serious injury or death. Even if the victim does not lose consciousness, they may still experience long-term health problems, such as brain damage, seizures, and stroke.

Strangulation is also a crime of domestic violence. In Virginia, strangulation is a standalone crime, even if it is committed against a family member or household member. This means that strangulation can be charged even if there are no other allegations of domestic violence.

Elements of a Strangulation Charge

In order to prove strangulation, the prosecution must show that the defendant:

• Knowingly applied pressure to the victim's neck.
• Intended to cause wounding or bodily injury.
• Acted unlawfully.

The prosecution does not have to prove that the victim lost consciousness or suffered serious injury. Even if the victim only experienced minor injuries, such as bruising or redness, the defendant can still be charged with strangulation.

Defenses to a Strangulation Charge

There are a few defenses that may apply to a strangulation charge, such as:

• Self-defense: If the defendant can show that they strangled the victim in self-defense, they may not be guilty.
• Defense of others: If the defendant can show that they strangled the victim in order to defend another person, they may not be guilty.
• Consent: If the victim consented to the strangulation, the defendant may not be guilty. However, consent is not a defense if the strangulation was part of a sexual assault.

Penalties for Strangulation

Strangulation is a Class 6 felony in Virginia. If convicted, the defendant could face up to five years in prison and a fine of up to $2,500. The judge may also impose other penalties, such as probation, counseling, and a no-contact order with the victim.

Long-Term Consequences of a Strangulation Conviction

A strangulation conviction can have serious long-term consequences. In addition to the potential for prison time and other penalties, a strangulation conviction will also go on the defendant's criminal record. This can make it difficult to get a job, housing, and other benefits.

A strangulation conviction can also have a negative impact on the defendant's personal life. For example, the defendant may be denied child custody or visitation rights. They may also be barred from owning a gun.

If You Have Been Accused of Strangulation

If you have been accused of strangulation, it is important to contact a criminal defense attorney immediately. An experienced attorney can help you understand your rights and options, and can develop a strong defense strategy.

Here are some tips for defending yourself against a strangulation charge:

• Gather all of the evidence that you can. This may include witness statements, medical records, and photos of any injuries.
• Do not talk to the police without an attorney present.
• Be honest with your attorney and tell them everything that happened.
• Cooperate with your attorney and follow their instructions.

Conclusion

Strangulation is a serious Crime in Virginia with serious consequences. If you have been accused of strangulation, it is important to contact a criminal defense attorney immediately. An experienced attorney can help you defend yourself against the charge and protect your rights.