Strangulation is a serious crime in Virginia, and it is important to understand the law if you have been charged with this offense. Strangulation is defined as the intentional application of pressure to another person's neck, resulting in the impairment of blood circulation or respiration. This can be done with the hands, arms, or another object.
What are the elements of a strangulation charge in Virginia?
In order to convict someone of strangulation in Virginia, the prosecution must prove beyond a reasonable doubt that the defendant:
- Knowingly, intentionally, and unlawfully applied pressure to the victim's neck;
- Impaired the victim's blood circulation or respiration; and
- Did so without the victim's consent.
What are the penalties for strangulation in Virginia?
Strangulation is a Class 6 felony in Virginia, punishable by up to 5 years in prison and a fine of up to $2,500. However, the judge may also sentence the defendant to a jail term of up to 12 months and a fine of up to $2,500, depending on the circumstances of the case and the defendant's criminal history.
What are the defenses to a strangulation charge in Virginia?
There are a few defenses that may be available to someone charged with strangulation in Virginia. These defenses include:
- Self-defense: The defendant may claim that they used force to defend themselves or another person from imminent harm.
- Lack of intent: The defendant may claim that they did not intend to strangle the victim, or that they were not aware of the risks involved in their actions.
- Consent: The defendant may claim that the victim consented to the strangulation, either explicitly or implicitly.
What should I do if I have been charged with strangulation in Virginia?
If you have been charged with strangulation in Virginia, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand the charges against you and your legal options. They can also represent you in court and fight to protect your rights.