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Strangulation is considered a class H felony in Ozaukee and Washington counties. You could be penalized with 6 years in prison and/or a $10,000 fine for your first offense. If you are charged with a second strangulation offense, you could go to prison for up to 10 years and pay a fine of up to $25,000.
Criminal Penalties for Strangulation and Suffocation in Ozaukee and Washington Counties, WI
A first-offense strangulation charge is a class H felony and you could face up to 6 years in prison and up to $10,000 in fines. A second offense strangulation is a class G felony with up to 10 years in prison and $25,000 in fines. Strangulation is often charged with a domestic abuse modifier or enhancer.
What Is Considered Suffocation or Strangulation in Wisconsin?
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” under Wisconsin law.
Important: Impeding the victim’s breathing must have been intentional. If you are defending yourself and your hands are temporarily near the victim’s head and neck and temporarily impeding their breathing out of reasonable fear for your safety, you have not committed strangulation.
Does the State Need to Prove Death or Loss of Consciousness for Strangulation Charges?
No. In Wisconsin, the State has to prove that the defendant’s actions inhibited the victim’s ability to breathe to some extent. Because it is difficult to find evidence of strangulation after an event occurs, the accuracy of bringing strangulation as a charge is sometimes questionable.
Free Lawyer Consultations for Strangulation and Suffocation Charges
Strangulation is a serious felony in Wisconsin, typically recognized as a form of domestic violence.
Contact our Ozaukee and Washington County area 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?
Felony charges for strangulation remain on a person’s record for life, except in the case of an expungement. Your record will never be completely cleared of your conviction, even with an expungement. Play it safe and get help with your case from the criminal defense lawyers at Grieve Law- your future is on the line.
How to Beat Strangulation and Suffocation Charges
Challenge the victim’s evidence and reasoning and extract every detail of evidence you can to find holes in their case. If you acted in self-defense, keep fighting for the truth in the courtroom. Grieve Law domestic violence attorneys are ready to help you. Don’t risk it on your own. Call us today.
