Strangulation charges in Virginia appear to be becoming increasingly common, especially in domestic violence cases. What many people don’t realize is that what used to be charged as simple assault and battery is now being elevated to a far more serious offense: a felony. If you’re facing a strangulation charge, it’s essential to understand the law, the consequences, and your rights.
What Constitutes Strangulation Under Virginia Law?
Under Virginia Code § 18.2-51.6, strangulation is defined as knowingly and intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the neck, resulting in bodily injury. This is considered a Class 6 felony, even if the injury seems minor.
The term “bodily injury” doesn’t require visible bruises or marks. Courts have upheld convictions based on symptoms like dizziness, trouble swallowing, or momentary loss of consciousness. This makes it easier for the charge to be applied, even in cases where no physical evidence is visible.
Strangulation vs. Assault and Battery
In Virginia, assault and battery is typically a misdemeanor. However, once the allegation includes strangulation, it is treated as a separate and more serious crime. Law enforcement and prosecutors take these cases seriously due to the potentially lethal nature of strangulation.
If you’re accused of domestic violence, and the report mentions anything resembling pressure to the neck, the charge could escalate quickly. Understanding this distinction is crucial for building a proper defense.
Legal Penalties for Strangulation in Virginia
Strangulation is classified as a Class 6 felony in Virginia. If convicted, you could face:
- 1 to 5 years in prison
- Fines up to $2,500
- A permanent criminal record
- Loss of employment or professional licensing
- Immigration consequences for non-U.S. citizens
Because this charge can follow you for life, it is vital to speak with a strangulation defense attorney in Virginia as soon as possible.
Common Scenarios Leading to Strangulation Charges
Many strangulation cases arise from domestic disputes, but not all are clear-cut. Some common scenarios include:
- Heated arguments escalating into physical contact
- Allegations during divorce or custody battles
- Misunderstandings during consensual physical interaction
- False accusations driven by emotional or legal motivations
No matter the situation, a strangulation charge is serious. If you’ve been accused, take the allegation seriously and secure legal representation immediately.
Defense Strategies Against Strangulation Charges
An experienced criminal defense lawyer will evaluate multiple angles to build your defense. Some strategies may include:
- Disputing the presence of “bodily injury”
- Arguing lack of intent
- Introducing contradictory witness statements
- Presenting expert testimony on the nature of injuries
Because the evidence in strangulation cases often hinges on testimony and subjective symptoms, the right legal strategy can make all the difference.
Steps to Take If You’re Accused
If you’re facing a strangulation felony in Virginia, here’s what you should do:
- Do not speak to police without a lawyer.
- Avoid all contact with the alleged victim.
- Gather any documentation or evidence that could support your case.
- Contact a criminal defense attorney immediately.
Time is critical in these cases. The sooner your defense is built, the better your chances of reducing or dismissing the charge.
Why Choose Cook Attorneys
At Cook Attorneys, we have extensive experience defending clients charged with domestic violence strangulation charges in Harrisonburg and across Virginia. We understand how assault and battery strangulation cases are handled in local courts, and we know how to navigate both the legal and emotional complexities involved.
Our attorneys listen, prepare, and fight for your rights—because your future matters.
Final Thoughts
Being charged with strangulation is serious. It can affect your freedom, your family, your job, and your future. But you don’t have to face it alone.
If you or someone you know has been accused of strangulation or any form of domestic abuse involving assault and battery, call Cook Attorneys. We’ll walk you through your options and build a defense tailored to your situation.
Need a strangulation defense attorney in Virginia? Call us today for a confidential consultation.
