A strangulation allegation is a serious, high-risk charge. Strangulation can cause severe harm, even without visible injuries. Even minimal force can cut off blood and oxygen to vital organs. Arrests can lead to strict bond conditions, no-contact orders, and reputational damage. Hiring a seasoned assault defense attorney early could help you protect your rights and build a fact-based defense.
A Charleston strangulation lawyer at Adams & Bischoff could provide you with guidance before talking to the police. We could review reports, timelines, and medical records to identify issues prosecutors may miss. We could also examine charging documents, evidence, and your relationships to help protect your future.
How is Strangulation Charged?
Strangulation is an aggressively prosecuted form of alleged domestic violence. A strangulation charge usually falls under the state’s domestic violence laws when the involved parties qualify as household members, such as spouses, ex-spouses, individuals with a shared child, and certain cohabiting partners.
One common felony charge is domestic violence of a high and aggravated nature (DVHAN). State law lists examples of circumstances that show extreme indifference to human life, including impeding normal breathing or blood circulation by applying pressure to the throat or neck and causing stupor or loss of consciousness by obstructing the nose or mouth. The law treats this conduct as especially dangerous, and DVHAN is punishable by up to 20 years in prison.
In Charleston, prosecuting lawyers may rely on the strangulation report and medical record when pursuing charges under the state’s assault and battery statutes. Assault and battery of a high and aggravated nature applies when a person unlawfully causes serious injury or uses means likely to produce death or great bodily injury. It carries a maximum penalty of 20 years in prison. First-degree assault and battery can apply to an attempt to injure someone, even if no injury occurs, using means likely to produce death or great bodily harm, with a maximum punishment of 10 years in prison.
What Evidence Is Involved in a Strangulation Case?
A Charleston strangulation defense involves a detailed review of medical evidence and digital records, requiring skilled legal counsel. These cases often rely on what was documented, when it was reported, and whether the paperwork supports the allegations, including:
- Emergency medical services and emergency department records, including notes on breathing, voice changes, and loss of consciousness
- Photographs and body-worn camera footage showing the neck and head area
- 911 calls, dispatch logs, and timelines confirming when the report was made
- Text messages, call logs, and social media messages documenting events before and after the incident
- Witness statements, including any inconsistencies among interviews
Medical evidence is important even without noticeable marks. Prosecutors often focus on whether the conduct qualifies as great bodily injury or using means likely to produce death or great bodily injury under the relevant statute. At Adams & Bischoff, we could offer additional support by hiring the medical expert ourselves using a Letter of Engagement, ensuring attorney-client privilege pertains to all communications.
Immediate Issues That Can Affect the Outcome
People accused of strangulation often face bond conditions restricting contact, housing, and travel. Violating a no-contact condition can result in additional charges and make release more difficult. Our Charleston attorneys are experienced in strangulation charges and focus on guidelines that help reduce this risk. These include following all bond terms and court dates precisely, preserving communications (including messages, call logs, and account history), and speaking about the accusation only with your attorney, as statements can be used later.
Our attorneys could also help you understand what the state must prove for the specific charge and whether the evidence supports that offense.
Contact Our Skilled Strangulation Defense Attorneys in Charleston Today
Police and prosecutors treat strangulation accusations seriously. If you have been arrested or questioned, you should seek legal guidance promptly. Contacting a Charleston strangulation lawyer early could improve your chances of avoiding severe penalties.
Contact our attorneys at Adams & Bischoff for help. We could discuss your situation, review the charges, and determine the appropriate next steps.