Domestic assault by strangulation is a domestic assault and battery charge committed against a family or former family member. Like all domestic assault crimes, this is a crime that the District Attorneys Office in Rogers County aggressively prosecutes. They view this as a specially heinous crime of violence against vulnerable members of the community. Additionally, if you are accused of a domestic assault by strangulation they will prosecute the crime with determinization.
Defining Domestic Assault By Strangulation
First and foremost for a crime to be a domestic assault crime it a person must commit the crime against a family member. Under the criminal statute a family member is a member of your household or other extended or former family member. Its also a domestic partner or someone that you are in a relationship with.
The act of strangulation refers to the act of intentionally impeding the normal breathing or blood circulation of a family or household member by applying pressure to the throat or neck. It is a particularly serious form of domestic violence and can result in severe injury or death. The strangulation part of the act is what enhances the crime from a first time misdemeanor to a felony charge. If the State can prove that you placed you hands anywhere on or around the victims neck they will charge the crime by strangulation. I have personally seen the charge based on vague pictures of the victims neck where they claim there are “marks indicating strangulation” but those pictures sure are not visible to what I consider the necked eye.
Felony Domestic Assault By Strangulation
In Rogers County, domestic assault and battery by strangulation is a felony offense due to its potentially lethal nature and the serious harm it can cause to the victim. Felony charges typically carry harsher penalties than misdemeanor charges and may result in significant fines, lengthy prison sentences, and other consequences. For this crime, without the use of weapons or other aggravating factors, the prison time is up to 3 years. There are also significant fines and court costs and batterers intervention classes.
Deferred and Suspended Sentences
If you the court convicts you or if you receive a plea deal, it will come with either a suspended or as deferred sentence. This depends on the specific facts of your case and the skill of your defense attorney. If you get a suspended sentence this is a conviction. You can spend all or part of the sentence in jail or out on probation. If the sentence is deferred this is delayed sentencing. Further, if during the period of probation you finish paying all the fines and costs without any other violations of the law the case may show dismissed at its conclusion.
Domestic Assault By Strangulation Attorneys
If you receive a charge of domestic assault and battery crime in Rogers County we can help. Get a Free consultation with a criminal defense attorney from the Kania Law Office Claremore attorneys at 918.379.4872
