Strangulation
A serious felony. Call us for help!
A Virginia strangulation charge under Va. Code §18.2-51.6 is considered a violent crime and is a very serious offense. This is defined under the Va. Code 18.2-51.6 as the knowingly, intentionally, and unlawfully (without consent) stopping the blood circulation or respiration by applying the pressure to the neck which causes a wound or bodily injury.
Proof of Strangulation.
Proof of Virginia Strangulation Charge
To convict the Prosecutor must prove that the offender:
Knowingly, intentionally and without consent
Stops blood circulation or respiration
By applying pressure to someone’s neck
Causing wounding or bodily injury (generally interpreted to mean visible injuries).
Knowingly and Intentionally: The Prosecutor must prove that offender knowingly and intentionally placed pressure to the neck of the victim AND that pressure stopped the blood circulation or respiration.
Without consent: The Prosecutor must prove that the pressure to the neck was not consensual to convict an offender of a strangulation charge.
Stopping Blood Circulation or Respiration: There must be proof that the offender stopped blood circulation or respiration of the victim by applying pressure to the neck.
Causing Wounding or Bodily Injury: There must be SOME physical injury to the victim to convict. However, the injury does not have to be permanent or significant to convict.
Penalty
This is a class Class 6 Felony.
It is punished with 1-5 years in prison and
a fine up to $2,500.
It can also be punished with up to 12 months in jail and a fine of up $2,500.
