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While any alleged act of violence is a serious matter, an act of strangulation is especially likely to result in a felony charge. Restricting someone’s airway is typically treated as felony assault in the first degree, and the consequences of a conviction can be significant.
If you have been accused of this type of violence, a Denver strangulation lawyer may be able to help. There are options for building a defense and making your case before a judge, and a dedicated assault defense attorney from Petrash Law could help you develop the ideal strategy.
Strangulation has a very narrow definition. It involves using physical force to squeeze or constrict the neck of a person to prevent them from breathing. Covering a person’s nose also qualifies for criminal strangling charges. There are also two forms of strangulation: manual and ligature. Manual strangulation involves a person using their hands to constrict the throat, whereas ligature strangulation occurs when a person uses an object, such as a rope or a scarf, to conduct the act.
For strangulation to be a crime, there must be an element of intent. For various reasons, some people consent to situations where another person might choke them. As long as there is consent, a criminal act has not occurred. Without consent, strangulation is a form of assault, particularly when it results in serious bodily injuries. It can also result in domestic violence charges, depending on a defendant’s relationship with the alleged victim.
Understanding the technical definition of this act is important if you are facing charges of first-degree assault. A strangulation attorney in Denver could help you better understand the charges against you.
A Denver attorney with experience in strangulation cases could help you develop the strongest possible defense against the accusations. Some of the most common strategies include the following.
Strangulation charges can occur due to a misunderstanding, especially when third parties are involved. If the alleged victim consented to the act, a defendant has a viable defense to any criminal charges.
People have the right to use reasonable force to defend themselves—or others—from the imminent threat of serious harm. While the scope of that force is limited to what is necessary, there are times when a person could be justified in strangling or choking an aggressor.
Ultimately, the prosecutors have the burden of proof in any case. It is not an attorney’s job to prove their client is innocent. Instead, it is on the prosecutors to establish that a crime was committed. In many situations, holding them to this high burden could be the best strategy. With this defense, an attorney could focus less on developing alternate theories and more on highlighting how weak the state’s evidence is.
Colorado also recognizes a heat of passion defense. While arguing that someone acted while enraged and provoked will not avoid a conviction, it can lower the severity of the charges they may face.
You must take accusations of any act of violence seriously, but it is especially true for accusations related to choking someone. You could be dealing with the consequences of a violent felony conviction for the rest of your life. A strong defense starts with finding the right attorney for your case. Contact Petrash Law to speak with a Denver strangulation lawyer today to discuss your options.