When a fight or argument erupts between spouses or girlfriends/boyfriends, the argument can escalate to pushing and shoving. If it gets to the point where one party puts their hands around the neck of the other, strangulation can occur. Under Minnesota law, strangulation is the act of impeding someone’s normal breathing or circulation by applying pressure on their neck or throat or blocking their nose or mouth (Minn.Stat 609.2247). This is a felony level offense in the State of Minnesota, regardless of prior criminal history.
Fighting Felony Strangulation Charges
Although Domestic Assault by Strangulation is felony, there are various defenses available to someone charged with this serious offense. Self-defense, although difficult, is a viable defense to this charge. In addition, if there are a lack of physical markings on the neck, the case may be dismissed for lack of probable cause. Moreover, if marks on the body are inconsistent with strangulation, the case may be dismissed.
If convicted of Domestic Abuse by Strangulation, the maximum penalty is 3 years in prison and a $5,000 fine.
Contact A Minneapolis Criminal Defense Lawyer
Carson J. Heefner has over 20 years experience representing individuals charged with Domestic Abuse by Strangulation. If you or someone you know has been accused of this offense, contact Carson at 612-202-8971 for a free consultation.