Criminal Defense Lawyer in Virginia Beach

Felony Strangulation

In order for you to be found guilty of Felony Strangulation (A) the Commonwealth has to prove beyond a reasonable doubt that you applied pressure to the other person’s neck.

Notice here that they must prove that you applied direct pressure to the other person’s neck. What does that mean exactly? Well, that means that more is required then just someone placing their hand(s) around someone else’s throat. In other words, someone could grab someone else by their throat with one or two hands in a choking type manner but still not actually be guilty of Felony Strangulation. Now admittedly, the conduct would still of course be criminal in the form of a misdemeanor type assault battery, but it just wouldn’t be felonious. In order to be convicted of Felony Strangulation there must be additional testimony that after the accused placed their hand(s) on the person’s throat they then ALSO applied pressure to the person’s neck. Your defense attorney should flesh out in trial whether the alleged victim was merely grabbed by their neck or whether there was additional direct pressure that was applied to their neck after the initial grabbing, this distinction could result in either an absolute dismissal and / or only a misdemeanor conviction depending on how the prosecutors charged you originally.