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Strangulation (a class H felony) in Mequon could be penalized with up to a $10,000 fine and/or 6 years in prison for a first offense. The maximum fine for second offense strangulation is $25,000 and the maximum prison sentence for second offense strangulation is 10 years.
Criminal Penalties for Strangulation and Suffocation in Mequon, WI
A class H felony strangulation charge is accompanied by a fine of up to $10,000 and a maximum of 6 years in prison for a first offense felony strangulation charge. If this is your second offense and you’ve been previously convicted of strangulation or another violent crime, a Class G felony, a fine of up to $25,000 and up to 10 years in prison are possible. Strangulation is often charged with a domestic abuse modifier or enhancer.
What Is Considered Suffocation or Strangulation in Wisconsin?
According to the law, anyone “who 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 has committed a felony offense.” It is important to note that under Wisconsin law, this impedance of breathing must be intentional. If you place your hands near the head and neck of someone in self-defense and temporarily impede their breathing, you have not engaged in strangulation because your movements were made in self-defense.
Does the State Need to Prove Death or Loss of Consciousness for Strangulation Charges?
No. In a strangulation case in Wisconsin, the State is required to prove that the defendant’s actions made it harder for the victim to breathe. Evidence is almost always gathered by police following the events leading to the strangulation charge. The timing of evidence collection sometimes makes it challenging to determine whether a strangulation charge is truly appropriate.
Free Lawyer Consultations for Strangulation and Suffocation Charges
Strangulation is a serious crime, generally categorized as domestic violence. Strangulation is a felony in Mequon and across Wisconsin.
Contact our Mequon attorneys now to set up your free legal consultation if you’re facing strangulation charges.
How long will a strangulation charge stay on my record?
If you are convicted of strangulation, the felony charge will remain on your record for life and will be viewable by the public unless you get an expungement. Even then, your record will not be completely cleared of your conviction. Do not attempt to handle your case alone - your future is at stake.
How to Beat Strangulation and Suffocation Charges
To beat a strangulation and suffocation charge, you must challenge the alleged victim and tear their case apart, finding gaps in the evidence in their case against you. Remember, if you acted in self-defense with reasonable, temporary force and reasonable belief that force would keep you safe, you may not be convicted. Grieve Law domestic violence attorneys are standing by to help you. Don’t risk it on your own. Call us now.
