(262) 786-7100
A first-offense strangulation in Glendale, Wisconsin, could be penalized with a $10,000 fine, 6 years in prison or both. A second-offense strangulation could be penalized with a fine up to $25,000 and a prison sentence of up to 25 years.
What will happen to me if I strangle my significant other in Grafton or River Hills? How do I beat a charge if I am falsely accused of strangling someone? Just like false imprisonment, strangulation is a class H felony. A class H felony comes with maximum possible penalties of six years in prison and a $10,000 fine or both. However, if you have been previously convicted of strangulation or another violent crime, this can be increased to a class G felony, which makes the maximum possible penalties 10 years in prison and/or a $25,000 fine. It is very important to note that these types of cases are taken incredibly seriously. Strangulation is seen as one of the more violent domestic violence types of charges in the state of Wisconsin. Because of the nationwide push for stronger penalties in domestic cases, most states have come around to considering strangulation of felony. For example, in Minnesota, strangulation has only been a felony for the last few years. It has been a felony for much longer in the State of Wisconsin.
Under the law, you can be convicted of strangulation if you impede the normal breathing or circulation of blood in a person by applying pressure to the throat or neck. You can also be charged if you block the nose or mouth of another person, which would also impede their breathing. Keep in mind that a felony that is this serious also is going to require the intent to impede somebody's ability to breathe. The definition of intent means that you had the mental purpose to commit this crime.
It is important to note that most strangulation cases are involved in domestic incidents, and therefore will come with a domestic violence enhancer as well as probably a bunch of other charges. At a minimum, you could also be looking at disorderly conduct charges with a domestic violence enhancer, as well as the possibility of battery with the domestic violence enhancer, especially if you leave bruising. All three of these different counts can come with the domestic violence enhancer, which adds fines for the penalties as well as the inability to possess a firearm for the rest of your life if convicted.
In the case of strangulation, it is not required that the person becomes unconscious or passed out. Even if there is a grab at the person's neck and they are unable to breathe for a very little period of time, you could be charged with strangulation. How did the police know that something like this happened? A lot of times the police will ask the victim in the case whether the aggressor put their hands around the person’s neck and then whether they had any trouble breathing when this occurred. They will also look for the opportunity to take photos of any bruising or red marks around the neck. As a note, it is not required that there be any marks of strangulation on the person’s body. Sometimes people are not necessarily strong enough to create bruising around somebody's neck, but they can still impede somebody's ability to breathe by grabbing their neck, which would then result in those charges for strangulation.
How long will strangulation stay on my record?
If convicted, a felony strangulation conviction will stay on your record for the rest of your life. Although it is expungable, this means that it is merely sealed from your record. You would still be a felon.
How to Beat a Strangulation Charge
Strangulation is a difficult charge, and it becomes even more difficult when a lot of other charges are added on top of it. Beating a strangulation charge can certainly be done, and it is a matter of reviewing the specific facts of your case. In these types of cases, the idea of something being done intentionally is incredibly important, as are definitions of the elements in a strangulation case. What is the definition of impeding the ability to breathe? A very viable defense in a case with strangulation could be the fact that there was not the intent to impede the person's ability to breathe. It is important to have an aggressive criminal defense attorney to work with you and work through possible defenses so that you can get the best outcome possible. Remember, you are only guilty if you are convicted.
Grieve Law is one of the largest and most award-winning criminal defense firms in Wisconsin. Glendale residents trust Tom Grieve to handle their first offense DUI charges, domestic violence, battery and other serious cases jeopardizing their rights and futures.
