Strangulation is a horrific offense. It often occurs in domestic violence cases and is a felony offense. However, not all strangulation accusations are true. In domestic violence cases, and in relationships with high tension, one party may accuse the other of violence without merit.
Cincinnati Lawyer for Strangulation Charges
If you have been accused of strangulation, or have had a law enforcement official imply that you used strangulation, you should contact an attorney immediately. Setting aside the criminal component of the case, you will be treated as a pariah unless you able to fully absolve yourself of the charge. If there is any doubt whatsoever, you will face serious trouble maintaining your employment and social group.
If you have been charged with strangulation in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Strangulation in Ohio
Strangulation under Ohio Law
Strangulation generally refers to the act of intentionally obstructing another person’s airflow or blood flow by applying pressure to the neck or throat or by blocking the nose or mouth. This act can lead to physical injury, loss of consciousness, or even death.
In 2019, Ohio lawmakers added provisions specifically addressing strangulation as part of broader domestic violence reforms. Ohio criminalizes strangulation under Ohio Revised Code (ORC) Section 2903.18 (Strangulation).
Strangulation is defined as:
- “Strangulation or suffocation” means any act that impedes the normal breathing or circulation of the blood by applying pressure to the throat or neck, or by covering the nose and mouth.
The law specifically prohibits:
(1) Cause serious physical harm to another by means of strangulation or suffocation;
(2) Create a substantial risk of serious physical harm to another by means of strangulation or suffocation;
(3) Cause or create a substantial risk of physical harm to another by means of strangulation or suffocation.
Related Charges
- Strangulation is often charged alongside other offenses, including:
- Domestic Violence (ORC 2919.25): If the victim is a family or household member.
- Attempted Murder (ORC 2923.02): If the act shows intent to kill.
- Aggravated Assault (ORC 2903.12): If provoked by sudden passion or a fit of rage.
Penalties for Strangulation in Ohio
Strangulation is considered a felony in Ohio. Depending on the circumstances of your case, the crime may be prosecuted as a second, third, fourth or fifth degree felony.
Second-Degree Felony
- Strangulation is classified as a second-degree felony when it:
- Results in serious physical harm.
- Penalties include:
- 2 to 8 years in prison.
- Fines of up to $15,000.
Third-Degree Felony
- Strangulation is classified as a third-degree felony when:
- The offender caused a risk of serious harm to the victim by strangulation
- The offender knew the victim was pregnant
- The offender was in a dating relationship with the victim or the victim was a family or household member of the offender and the offender had a prior violent conviction
- Penalties include:
- 9 months to 3 years in prison.
- Fines of up to $10,000.
Fourth-Degree Felony
- Strangulation is classified as a fourth-degree felony when:
- The offender was in a dating relationship with the victim or the victim was a family or household member of the offender
- Penalties include:
- 6 – 18 months in prison.
- Fines of up to $5,000.
Fifth-Degree Felony
- For any offense that does not meet the above requirements, strangulation is a fifth-degree felony.
- Penalties include:
- Six to 12 months in prison.
- Fines of up to $2,500.
Defenses Against Strangulation Charges
Strangulation often differs from some domestic violence charges (such as verbal abuse) in that actual strangulation typically results in physical evidence, such as bruises on the victim’s neck or skin, blood, or other debris on the offender’s hands or under their nails.
Your attorney will do his best to make the case factually based, rather than a “he said, she said” case. This typically includes challenging presented evidence, arguing against the intent of the strangulation, or providing evidence that the strangulation event was fabricated.
Jury Instructions
Strangulation cases focus entirely on whether the act of strangulation took place, and have nothing to do with the mental state of the victim, per State v. Robinette (1997)
118 Ohio App. 3d 450, 455-457 — In a domestic violence prosecution requiring proof of knowing conduct by the defendant, it was erroneous to instruct the jury that it was to consider the mental state of the victim. Consideration of the victim’s state of mind is appropriate only when the charge is premised on menacing.
Hire a Lawyer for Strangulation in Hamilton County, Ohio
If you have been charged with strangulation in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.