Strangulation and Suffocation in Wisconsin – What you need to know
A strangulation and suffocation charge is a serious matter in Wisconsin. A conviction can have a devastating effect on your life and job prospects. Strangulation and suffocation is a Class G felony if you have previously been convicted of this crime or another violent crime. A first offense is a Class H with a penalty of up to six years imprisonment. Occasionally this charge is charged with as Domestic Violence. Whether or not you have a previous conviction or this is a first offense, it is imperative that you contact a criminal defense attorney to fight your charges. More and more strangulation cases are being brought by the state. Make sure to hire an aggressive criminal defense firm to represent you. Anderson & O’Connell, S.C. is a criminal defense firm based out of Madison, WI. We take pride in litigating tough cases.
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What is a Strangulation and Suffocation Charge in Wisconsin?
Wisconsin Statute § 940.235 states that anyone who intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of strangulation and suffocation. The state must prove beyond a reasonable doubt the following two elements:
- You impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of your victim; and
- That you did so intentionally.
To “intentionally” impede the normal breathing or circulation means that you had the mental purpose to do so or you were practically certain that your actions would do so.
Defending against a felony Strangulation and Suffocation charge
Defending against a felony strangulation and suffocation charge in Wisconsin starts with a knowledgeable attorney. One who knows the law and the right arguments. Often these cases are based on the statements of the alleged victim. This is because in many cases the victim in these crimes will not show visible marks. If you are facing a felony strangulation charge you need an aggressive defense.
In many cases evidence of a strangulation is non existent. A victim may not show any external signs of suffocation when the police respond. However, individuals who have been strangled can show significant complications including laryngeal fractures, upper airway edema, and vocal cord immobility. If a medical exam was not conducted there may not be anything but the testimony of the victim. Prosecutors will often try to proceed with a conviction even when they do not have photographs or other evidence. A victim’s testimony is often the only way to prove suffocation. Understanding how these cases work can be a big advantage when deciding to fight a charge. Contact Anderson & O’Connell, S.C. today for a free consultation!