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A strangulation in Waukesha County, Wisconsin, could be penalized with up to a $10,000 fine, 6 years in prison or both. A second-offense strangulation (or other previous violent crime convictions) could increase the penalty to a $25,000 fine, 25 years in prison or both.
Strangulation or Suffocation is a class H felony that carries a potential maximum of six years in prison, up to a $10,000 fine, or both. Additionally, strangulation is often charged with a domestic abuse enhancer which can increase the penalties if you are convicted. You could face additional prison time and increased fines if you are charged with domestic abuse strangulation.
Under Wisconsin law, strangulation or suffocation can be charged when a person intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Strangulation or suffocation does not require proof that a person lost consciousness or died. The State must simply show that the actions of the defendant impacted the ability of the victim to breathe for some period of time.
It can be difficult to prove whether a person experienced difficulty breathing. Often, the police will take photographs of the victim’s body, specifically the head and neck. Any marks appearing on the head and neck of the victim will often be used by the State to show that the victim's blood or air supply were affected by the actions of the defendant.
The statute also requires that the actions of the defendant be intentional. This can often provide an opportunity for a defense in your strangulation or suffocation case. If you and the victim are engaged in a physical altercation, you may unintentionally place your hands around the neck of the victim, or temporarily impede the ability of the victim to breathe. Under Wisconsin law, strangulation or suffocation requires that your actions be intentionally done with the purpose to inhibit the breathing of the victim. If you put your arms out to defend yourself against a person who is attacking you, in doing so cause the other person to be unable to breathe, you have not committed strangulation because your actions were not intentional.
How long does strangulation stay on my record?
Strangulation or suffocation is a crime that will remain on your record for life. Your conviction will appear on CCAP, Wisconsin’s Circuit Court Access Program, permanently. Under Wisconsin law, a class H felony may be eligible for expunction if certain conditions are met. However, the expunction does not remove the conviction from your record. It merely removes the conviction from public view. An expunged conviction will no longer appear on CCAP. A background check will still show the conviction for strangulation or suffocation, however, and you may still be required to report your conviction on job applications, or applications for other professional licenses.
How do I beat a strangulation charge?
Strangulation or suffocation charges often rely on the testimony of the victim or other witnesses. It is rare that the police personally witness the strangulation or suffocation. As a result, many common defenses to a strangulation or suffocation charge involve challenging the statement of the victim or other witnesses. The victim in your case may have exaggerated or fabricated the story for personal reasons.
Unfortunately, even if the victim in your case later admits that they exaggerated what happened when they spoke to the police, the State may still try to proceed with the case against you. The State will use photos, observations of the police officers, and testimony of other witnesses to try to prove the strangulation case against you even if the victim is no longer cooperative with their prosecution.
You may also be able to assert the affirmative defense of self-defense against a charge of strangulation. Self-defense allows a defendant to exercise reasonable force to end a threat if they reasonable believe the force is necessary to end that threat. Our skilled and knowledgeable Waukesha attorneys can evaluate your case, interview witnesses, and determine whether there are challenges to the evidence in your case or defenses you can raise. Grieve Law use years of experience and legal knowledge to protect every client. Tom Grieve is the same criminal defense attorney Brookfield, WI residents trust to handle their first offense DUI charges, battery charges, and other serious cases jeopardizing their rights and futures.
