What defines Domestic Assault by Strangulation?
Domestic assault by strangulation in Minnesota is a felony that applies when the individual is charged with a far severe version of domestic assault on a family or household member. The act of assault can include physical harm or the act of driving fear into an individual. This fear can involve fear for their life or fear of being injured.
The law defines family or household members as:
- spouses and former spouses
- parents and children
- persons related by blood
- persons who are presently residing together or who have resided together in the past
- persons who have a child in common regardless of whether they have been married or have lived together at any time
- a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
- persons involved in a significant romantic or sexual relationship.
Minnesota’s domestic assault by strangulation law is contained in section 609.2247 of the statutes. If considered guilty, the individual may be sentenced to imprisonment for not more than 3 years or to payment of a fine of not more than $5,000, or both.
What constitutes strangulation?
In 2005, the State of Minnesota has added a felony charge for domestic assault by strangulation. The law defines strangulation as the “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.”
Because the definition can be broad and challenging to determine as there are many ways to interpret it, it is often hard to prove evidence when there are no marks or bruises in the victims’ bodies. However, strangulation can occur without leaving evidence, in cases like:
- If somebody only slightly obstructs another’s breathing.
- If somebody places enough pressure on the throat of another to cause dizziness.
- If somebody puts their hand over somebody’s mouth to stop them from yelling resulting in obstruction of breathing.
- If any object is placed on the throat, nose, or mouth, having any impact on breathing or blood circulation.
The act of strangulation may occur by an individual’s bare hand, knees, a cord, article of clothing, a plastic bag, or any other object that may suffocate, preventing the victim from breathing.
Domestic Assault – No Contact Order
Domestic assault cases (including by strangulation) may be subjected to both criminal and civil court. Under Minnesota criminal law, a judge can issue a No Contact Order in a criminal court while a criminal proceeding is underway. The no contact order prohibits the accused individual from contacting the alleged victim in any way.
What should I do now?
When you are being accused, investigated, or charged with domestic assault by strangulation, the consequences can be devasted and last forever in the individual’s criminal records, which can affect employment, housing, licensing and school admittance, deportation (if not a U.S. citizen), and more.
It is extremely important to find an experienced attorney to legally represent you in court and guarantee that all your rights are secured.
Contact Judith Samson If You’ve Been Charged With Domestic Assault
The experienced team at the Law Office of Judith Samson is ready to help anyone in need of legal assistance and criminal defense in charges related to domestic assault by strangulation in Minnesota.
Call (612) 333-8001, email us at [email protected] or complete the online form. Our phones are available 24 hours a day, 7 days a week. Judith Samson represents people throughout the State of Minnesota and can meet you anywhere, anytime.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
