Criminal Defense Lawyer in Virginia Beach
Felony Strangulation
The Commonwealth Attorney has the burden of proving beyond a reasonable doubt that the accused strangled the alleged victim without their consent.
In other words, if the alleged victim consented to being strangled then the accused cannot be found guilty. Consent is a complete defense to strangulation. If the Commonwealth fails to prove that the strangulation was without the other person’s consent, then you should be found not guilty. You may be wondering why on earth would someone ever consent to being strangled? Well, you have to remember that these Felony Strangulation charges are usually domestic in nature; in other words, the accused and the alleged victim are normally in some kind of domestic relationship such as spouses, co parents, or significant others; keeping that in mind you could see how there could be some limited situations (intimate in nature) where one could either allow or ask their romantic partner to choke them.
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sbarbero@legaldefensecenter.com
(757) 424-5434
3640 S Plaza Trl, Suite 202
Virginia Beach, VA 23507