Assault by strangulation or suffocation is a serious felony that is frequently added to other charges, especially in domestic violence cases. If you were charged with a strangulation offense, it is vital to establish a solid defense strategy as early in your case as possible.
The best way to accomplish this is to contact an experienced Lincoln strangulation lawyer who can describe the potential consequences of this charge and explain your options. An assault defense attorney at Berry Law who understands how local courts prosecute strangulation cases will work to refute the charges brought against you and fight to secure a favorable outcome in your case.
Characterizing Assault by Strangulation
Nebraska Revised Statutes §28-310.01 defines assault by strangulation or suffocation as applying pressure on another person’s neck or throat and impeding either their blood circulation or normal breathing. An individual may also be found guilty of assault by strangulation or suffocation if he or she covers another person’s nose and mouth in a way that restricts the victim’s normal breathing. The statute specifies that a person may commit this crime even if the actions do not produce any visible injury.
The Significance of State of Mind
For someone to be convicted of assault by strangulation or suffocation, he or she must act “knowingly and intentionally,” according to the statute. A Lincoln attorney can help show that a person’s actions were not motivated by malicious intent and that he or she should not be convicted of criminal strangulation.
It is best to begin collecting and preserving evidence a soon as possible after the incident at issue. Witnesses can become more difficult to locate, and their memory may be less reliable over time.
Penalties for Strangulation
The state’s criminal code treats assault by strangulation as either a Class IIA or Class IIIA felony, depending on the circumstances. If the accused party has a prior conviction for strangulation, the offense may be prosecuted as a Class IIA felony.
Strangulation may also be considered a Class IIA felony if serious bodily injury results or if the accused person used or tried to use a “dangerous instrument” in the commission of the offense. A strangulation lawyer in Lincoln could demonstrate that a device connected with the offense cannot be considered a “dangerous instrument.”
In other situations, strangulation may be classified as a Class IIIA felony with the potential for reduced penalties. The maximum sentence for a Class IIA felony is twenty years, while the maximum prison term for a Class IIIA felony is three years with 18 months of probation. The court may also impose a fine of up to $10,000 for a Class IIIA felony.
Contact a Knowledgeable Lincoln Strangulation Attorney Today
Police who are called to the scene of an alleged misdemeanor offense may subsequently add the charge of strangulation, which can increase the severity of potential penalties. It is often in your best interest to seek legal counsel from an experienced attorney who can fight strangulation charges.
A Lincoln strangulation lawyer will work to protect your rights and fight to obtain the most favorable outcome. To schedule a confidential consultation with a strangulation lawyer, call Berry Law today.