Minnesota Statute 609.2247 defines strangulation as the intentional impeding of normal breathing or circulation of the blood by applying pressure to the neck or throat or blocking the mouth or nose of another individual. This act also includes strangulation that is done by the hands, a pillow, or any other device. If you are accused of strangulation using any one of these methods, you need a Minnesota Felony Strangulation lawyer as soon as possible to build a strategic defense for you.
As Domestic Assault
Felony Strangulation is often associated with domestic assault. If a person assaults a family member and they use strangulation, they could be looking at a conviction for domestic assault, as well as be served with an Order for Protection. If both domestic assault and Felony Strangulation are charged, then the penalties can be greater if convicted. A person who is charged could also lose their right to go to their home, see their children, or be around their family at all. This makes for a very difficult situation, but your attorney can work on making it easier for you.
If convicted of Felony Strangulation, you could be looking at a prison sentence of up to three years in prison and a fine of $5,000. Other penalties include counseling, anger management counseling, community service, and restitution paid to the victim. The strangulation conviction is also placed on the criminal record, which can make it difficult to keep a job, acquire new employment with a decent wage, housing, insurance, or go to college. This is why it is very important to have the charges reduced or dismissed. Even reduced charges provide a better future than a felony conviction on a permanent record.
Felony Strangulation Defense
Fortunately, Felony Strangulation cases are considered rather weak. Your Minneapolis felony strangulation attorney will look at the evidence against you and find weaknesses in that evidence. The credibility of the accuser may also be questionable, especially if the charges were filed out of revenge, anger, in a child custody dispute, or out of spite. Sometimes, the evidence is limited to the symptoms of strangulation, such as shortness of breath, lightheadedness, or marks around the neck. All of these symptoms can easily be challenged, as they are already difficult for the plaintiff to prove in court.
Contact A Minnesota Felony Strangulation Attorney
If you have been accused of felony strangulation, Mark Herman, Attorney at Law is a lawyer who knows the law and how to use it aggressively in your defense. To find out more about how Mark Herman can help you in your unique case, call 24/7 at 612-382-4545 for a free consultation.