Strangulation is the attempt to choke someone around the neck. It may include using a person’s hands or some foreign object wrapped around the other party’s neck. Strangulation is an act of violence which could be some form of assault or battery, as well as an act of domestic violence. Choking someone could also be a form of homicide or attempted homicide depending on the facts of the case.
The prosecutor may have a wide amount of discretion to decide what the appropriate accusation is based on the facts of the incident, and what charges should follow for the accused.
If the government has accused you of choking someone, consider reaching out a Washington DC strangulation lawyer. An adept assault attorney may be able to help you figure out what are the likely charges the government will bring against you and how the case may proceed. Your representative could assist in preparing a defense and could guide you through the process so you are able to face a potential trial.
If an adult does something that interferes with a child’s ability to breathe, the court may convict that person of abusing a child, according to the Code of the District of Columbia § 16-2301. A person charged with abusing a child may lose custody of the child in Family Court, on top of any criminal charges related to the act.
Cruelty to a child might include any action which creates a risk of harm and actually harms a child. Choking someone could fall within that definition. The court could punish first-degree cruelty to children with no more than fifteen years in prison, plus a fine and second-degree cruelty to children with no more than ten years in prison, plus a fine.
There are also enhanced sentencing guidelines for acts of violence against minors. A Washington DC strangulation attorney could examine the evidence of a defendant’s case and may be able to explain their legal options.
Strangulation could be a form of assault. The court might punish an act of assault with intent to kill with two years and up to fifteen years in prison, plus a fine, as stated in Code of DC § 22-401. The government may sentence a person to up to three years in jail, plus a fine, for engaging in assault and recklessly causing physical harm which requires medical attention.
Depending on the severity of the choking, the government may charge the person with aggravated assault, meaning the actor showed “extreme indifference to human life” when causing the harm. The court may sentence the actor to ten years in prison, plus a fine, for aggravated assault. If the court convicts someone of attempted aggravated assault, the punishment can be up to five years in prison, plus a fine, as described in Code of DC § 22-404.01.
Assault with intent to commit some other offense is another way the government could punish an act of choking someone. The punishment is up to five years in prison, plus a fine according to Code of DC § 22-403. A skilled attorney in Washington DC could help a person accused of choking someone understand all of the potential penalties they may face depending on the details of the case.
The DC Domestic Violence Unit handles cases that involve any allegation of domestic violence. The Unit could issue protective orders, punish family members who fail to show up for a hearing, deal with issues related to divorce and custody, among other issues. On top of the negative outcomes from the DC Domestic Violence Unit, the criminal court could also hear cases related to the domestic violence that involve any of the previously mentioned criminal actions or others that may apply. An attorney specializing in strangulation cases in Washington DC may be able to dispute any domestic violence charges in a case.
It can be scary if the police accuse you of committing some violent act. No matter your situation, the help of a knowledgeable and aggressive attorney may be invaluable. Your representative may be able to ensure you are receiving the best aid possible under the circumstances and minimize or even avoid certain potential consequences.
Consider speaking with a Washington DC strangulation lawyer to see how they would move forward in your case and what actions may best help you. Call our office today.
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