Strangulation Charge Felony in Virginia Lawyer
Often domestic assault can turn grave with strangulation attempts. To make it worse, the cops may charge a person for both domestic assault as well as strangulation after an arrest to make the case watertight. If a family member or friend is arrested on this charge, be quick to react as it is a felony punishable with a maximum of 5 years prison sentence. The legal counsel at the Law Offices of SRIS, P.C. has adequate experience in strangulation cases and could build a strong defense. The legal counsel dealing with Strangulation Charge in Virginia has helped dozens recover from the unfortunate situation legally. The strangulation charge in Virginia is taken seriously and is defined in the Virginia Code Ann. Section 18-2-516.6, which states that anyone forcing on the neck of the victim so as to choke the blood circulation or respiration, either deliberately or unlawfully, is guilty of a Class 6 felony. For the accused to be sentenced,
The following factors have to be proved beyond doubt:
- A person can be arrested on Strangulation Charge in Virginia if choking happened on intent and knowingly. If it is inadvertent or accidental it does not fall under the crime category.
- An arrest can be made on Strangulation Charge Virginia if the victim did not consent to the act. There may be certain situations like a martial art or sexual act where choking happens on consent and this is not an offense.
- An arrest for Strangulation Charge in Virginia is valid if the accused has forcefully halted the blood circulation or respiration of the victim.
- Establishing that force was applied on the victim’s neck by finding finger marks or bruises on the neck, injuries in the throat region, brain damages caused due to lack of oxygen that occurred due to choking, or the testimony of the victim.
- A physical injury on the victim even though minor can be taken as proof to arrest a person on Strangulation Charge in Virginia.
In Virginia, a charge pressed for attempted Strangulation is also a Class 6 felony offense and the penalties are similar to choking. If pressed charges for strangulation then it is time to contact the best legal team to put up an aggressive fight, else you may land up in jail and with a criminal record resulting in devastating repercussions.
The penalties when convicted for strangulation include; minimum of one year and a maximum of five years of imprisonment, incarceration in county jail for 12 months max, and a fine that can go up to $2,500.
The attorney dealing with Strangulation Charge in Virginia analyzes the pieces of evidence and builds a case on the facts. The counsel uses the defenses herein to cut down or drop charges:
- Inconsistency in proving beyond doubt that blood flow or respiration never took place;
- The choking happened with the consent;
- The act was in self-defense;
- Wrongful evidence was gathered without following the constitutional requirements.
Take the first step today by consulting the Law Offices of SRIS, P.C. to get the most dependable legal representation possible in the Strangulation Charge in Virginia case. Do not waste time and act quickly to secure your freedom.