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A first offense strangulation conviction in Milwaukee, Wisconsin is punishable by a fine of up to $10,000 and/or up to 6 years in prison. A second offense strangulation conviction is punishable by a fine of up to $25,000 and a maximum of 10 years in prison.
Strangulation or suffocation carries a potential maximum sentence of up to six years in prison, a $10,000 fine or both. It is a class H felony. Often, strangulation is charged with a domestic abuse enhancer or modifier. That enhancer increases the possible penalties upon conviction, and can increase potential prison time and fines.
Strangulation or suffocation occurs 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. The State does not need to prove that the victim lost consciousness or died to prove a strangulation. Rather, the State must show that the actions of the defendant caused the victim to be less able to breathe.
Strangulation cases are almost always charged based on evidence obtained by the police after the incident has ended. This includes photographs, witness statements, and observations of the scene. It can be difficult to determine whether a person’s breathing was impeded at a time in the past. The police will rely on any marks they see on the victim's head or neck, any signs of a struggle within the house, and other statements from witnesses to determine whether a charge of strangulation is appropriate.
In order to violate Wisconsin’s strangulation or suffocation statute, a person must intentionally impede the ability to breathe of another person. This means that any accidental contact with a person's throat or neck that impedes their ability to breathe does not rise to the level of the offense of strangulation. If you are engaged in a physical altercation with another person and you inadvertently place your hands in the head or neck area of that person causing them to be temporarily unable to breathe, you may not have committed strangulation because your actions were not intentional. Likewise, if you are defending yourself from an attack by another person and your hands and up near the head or neck of a person who is fighting you temporarily impeding their ability to breathe, you have not committed the crime of strangulation because you are acting in self-defense, and not to intentionally inhibit the other person's breathing.
How long does strangulation stay on my record?
Strangulation and suffocation are offenses that will remain on your record for the rest of your life. Following your conviction, Wisconsin’s Circuit Court Access Program (CCAP) will maintain the record of your conviction that any member of the public can view. Additionally, your conviction and the record of your arrest will remain on your criminal record maintained by the Department of Justice. A court may grant expunction on a strangulation case under certain circumstances. However, this does not remove the record of your conviction entirely.
How to beat a strangulation charge
Strangulation and suffocation charges most commonly rely on evidence obtained through witness statements and observations by the police of the condition of the alleged victim and the scene. As such, a common defense to strangulation and suffocation is to challenge the statements of the alleged victim or the witnesses.
A victim may have exaggerated or fabricated the events for personal reasons. The State will likely attempt to proceed with the case against you even if the alleged victim later admits that they exaggerated the events they told to the police. Challenging the statements of the victim or other witnesses is one way to beat a charge of strangulation.
In some circumstances, a defendant may be able to assert the affirmative defense of self-defense against a charge of strangulation. Self-defense can be claimed where the defendant employs reasonable force to end a threat to themselves, and the defendant reasonably believes that force is necessary to end the threat.
Our award-winning Milwaukee attorneys will evaluate the evidence in your case, and can talk to witnesses and review evidence to determine what defenses you may have, and put you in the best position possible.
