If you are charged with Strangulation, it is important that you reach out to an experienced Massachusetts criminal defense attorney to help you craft a defense strategy for your case. Strangulation is a felony offense in the Commonwealth of Massachusetts. It is a serious charge that has the potential consequences of going to jail, facing probation, potential fines and fees, batterer's intervention classes and a criminal conviction. It can be accompanied with a domestic violence charge. Ellison Law LLC has Massachusetts assault crimes lawyers, who have handled many Strangulation cases throughout the Commonwealth of Massachusetts.
What are the Penalties for Strangulation in Massachusetts?
up to 2 and a half years in the House of Correction (county jail)
up to 5 years in State Prison
batterer's intervention classes
up to a $5,000 Fine
What are the Elements of Strangulation in Massachusetts?
In order to prove Strangulation, the prosecution has to prove you did the following three things:
1) you applied substantial pressure on the throat or neck of the alleged victim;
2) you interfered with the (normal breathing) (circulation of blood) of the alleged victim, without having any right or excuse for doing so; and
3) you did so intentionally
What are Some Defenses for Strangulation in Massachusetts?
There are many different defenses to Massachusetts Strangulation and each case requires a unique defense. However, some common defenses to Strangulation are
- Self Defense
- Defense of Another
- No Interference with Normal Breathing or Circulation of Blood
- It Never Happened
- There was No Intent
What are the Laws for Strangulation in Massachusetts?
Aggravated versions. Strangulation or suffocation may be aggravated by (I) causing serious bodily injury; (ii) knowing or having reason to know that the victim is pregnant; (iii) knowing that there is an abuse prevention or restraining order in effect against the defendant; or (iv) having a prior conviction for strangulation or suffocation. G.L. c. 265, § 15D(c). Although the maximum penalty for the aggravated crime is ten years in state prison, the aggravated crime remains within the final jurisdiction of the District Court. G.L. c. 218, § 26. Applicable jury instructions for the aggravating factors can be found in Instruction 6.160 (assault and battery causing serious injury), Instruction 6.180 (assault and battery on a person protected by an abuse prevention order), Instruction 6.200 (assault and battery on a pregnant woman).
Certified batterer's intervention program. Any sentence or continuance without a finding for strangulation or suffocation must include a condition that the defendant complete a certified batterer's intervention program unless “the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention.” G.L. c. 265, § 15D(d).