Domestic violence charges can be the result of a person calling for help or a concerned neighbor alerting authorities to an altercation. In either scenario, police officers may choose to arrest one of the people involved.
The party who appears to have caused injuries to the other or initiated the conflict is the one likely to face prosecution. Certain details about the situation, such as the use of a weapon, could worsen the charges.
Strangulation during a domestic violence incident can also affect the charges and penalties the defendant faces. Those accused of domestic incidents involving strangulation are at risk of a life-altering violent felony charge.
Strangulation is an aggravating factor
Manual strangulation can cause permanent injuries or death, even when that isn’t the intent of the person restricting another individual’s airflow. Additionally, strangulation is often indicative of escalating domestic violence.
As such, the state tends to treat domestic violence involving strangulation as a more serious offense than simple domestic violence. Instead of a basic misdemeanor charge, the defendant is likely to face a third-degree felony charge.
The penalties also increase. Felony domestic violence involving strangulation can lead to up to five years in prison and $5,000 in fines. That is substantially more than the one year of jail time or probation and $1,000 fine imposed as the maximum penalties for a misdemeanor domestic violence charge.
Responding assertively to allegations of domestic violence can help people avoid the worst possible consequences. Aggravating factors, including strangulation, may influence the best strategy to employ. The more serious the charges are, the more important it is to have support when responding in court.
