Understanding Pennsylvania’s Statute on Strangulation and Your Legal Options

ciccarelli mobile tablet At Ciccarelli Law Offices, we understand the fear, confusion, and stress of facing criminal charges. One charge that has become more prominent in Pennsylvania is strangulation. This relatively new law has distinct elements and grading criteria, and it is often intertwined with domestic violence accusations. If you or a loved one has been charged with strangulation, it is crucial to act quickly and hire an experienced attorney to ensure your rights are protected. Do you need a top experienced criminal defense lawyer licensed in Pennsylvania and experienced in fighting charges of strangulation including charges in Chester County, Lancaster County, Delaware County, Montgomery County and Bucks County?

This comprehensive guide will provide an overview of Pennsylvania’s strangulation statute, explain how these charges are handled in domestic violence cases, and highlight the importance of an aggressive defense. Finally, we’ll discuss how Ciccarelli Law Offices has a proven track record of successfully defending clients against strangulation charges in court.

Pennsylvania’s Statute on Strangulation

Pennsylvania’s strangulation law went into effect in 2016 and is codified under Title 18, Section 2718 of the Pennsylvania Crimes Code. The statute specifically addresses situations where an individual is accused of intentionally or knowingly impeding another person’s breathing or circulation. Strangulation is defined as applying pressure to the throat or neck or blocking the nose or mouth of an alleged victim. Importantly, this offense does not require visible physical injuries for charges to be filed.

Key Elements of Strangulation Charges

For someone to be charged with strangulation under Pennsylvania law, the prosecution must prove the following elements:

Intentional or Knowing Act: The accused must have acted intentionally or knowingly to restrict another person’s breathing or blood circulation.
Application of Force: This includes pressure to the throat or neck or obstruction of the nose or mouth.
Lack of Consent: The alleged victim must not have consented to such actions.

Note that physical evidence of injuries, such as bruises or marks from strangulation, is not necessary for prosecutors to bring charges. This means that an alleged victim’s testimony can sometimes form the sole basis of the charges.

Grading of Strangulation Offenses in Pennsylvania

The severity of a strangulation charge depends on the circumstances of the case, the relationship between the accused and the alleged victim, and the presence of aggravating factors. The grading breakdown is as follows:

Misdemeanor of the Second Degree

- - Applies to cases where no aggravating factors are present.
  - This level of offense can still result in serious penalties, including significant fines and imprisonment.

Felony of the Second Degree

- - Charged when the alleged strangulation occurs in conjunction with a domestic violence situation, or if the accused violates an active Protection From Abuse (PFA) order.
  - Also applies when the victim is a child under the age of 18.

Felony of the First Degree

- - The most serious grading of strangulation charges.
  - Applies if the alleged act was committed in furtherance of another felony, such as sexual assault, or if the victim sustains serious bodily injury.

The penalties increase significantly with felony-level charges, including the potential for lengthy incarceration. Convictions can also have life-long impacts on your reputation, employment opportunities, and ability to maintain custody of your children.

Strangulation as a Domestic Violence Offense

A significant portion of strangulation charges arises in the context of alleged domestic violence. Pennsylvania law considers strangulation a serious offense, especially within intimate partner or familial relationships. Law enforcement often treats these cases with heightened urgency due to the perception that strangulation is linked to a cycle of escalating violence.

No Physical Evidence? Strangulation Can Still Be Charged

One of the most concerning aspects of strangulation charges is that physical evidence is not required for the prosecution to proceed. This means that if an alleged victim claims the elements of strangulation were present, charges can still be filed based solely on their testimony. Examples include:

Allegations of restricted breathing without any visible marks.
Claims that pressure was applied to the neck, even if there is no corroborating medical evidence.
Alleged blocking of the nose or mouth with hands or an object, even if no injuries are visible.

Unfortunately, the absence of physical evidence means that these cases can devolve into a “he said, she said” scenario, where credibility becomes a key issue. This is where hiring a skilled and experienced attorney is especially critical.

The Importance of Hiring a Skilled Attorney Immediately

If you are facing strangulation charges, the stakes are high. Your first and most crucial step is to hire a skilled criminal defense attorney as soon as possible. At Ciccarelli Law Offices, we emphasize the importance of taking immediate action to:

Protect Your Rights

- - Law enforcement and prosecutors may pressure you into statements or actions that could damage your defense. With an attorney by your side, all communications with authorities will be handled appropriately.

Prepare for the Preliminary Hearing

- - The preliminary hearing is one of the most critical stages in a strangulation case. During this hearing, the prosecution must present evidence to support the charges, and your attorney will have the opportunity to cross-examine witnesses and challenge the evidence.

Do Not Waive the Preliminary Hearing

- - Waiving the preliminary hearing can eliminate your chance to challenge the elements of the case early on. Unless unusual circumstances exist, we strongly advise against waiving this hearing. Cross-examining the alleged victim and scrutinizing their claims can often lead to dismissal of the charges or a reduction in severity.

Our firm has extensive experience successfully defending clients at the preliminary hearing stage, often getting cases dismissed before they proceed to trial.

How Ciccarelli Law Offices Can Help

Our defense team at Ciccarelli Law Offices has a proven track record of getting strangulation charges dismissed or mitigated. Whether it is identifying weaknesses in the prosecution’s case or challenging the credibility of witness testimony, our aggressive approach aims to protect your freedom, reputation, and future.

Success Stories at Ciccarelli Law Offices

Among our many successes, our founding attorney, Lee Ciccarelli, recently achieved a significant victory in Chester County, Pennsylvania. He successfully defended a client against a felony one strangulation charge in Lionville, Pennsylvania. Through diligent preparation and cross-examination, he established that the evidence was inadequate to meet the legal threshold for prosecution, resulting in the case being dismissed.

Our skilled team has also secured dismissals in multiple jurisdictions across Pennsylvania, thanks to our deep knowledge of strangulation statutes and expertise in the courtroom.

Why You Need Ciccarelli Law Offices

When facing strangulation allegations, you need more than just any attorney. You need a defense team with:

Experience in handling complex strangulation and domestic violence cases.
A proven track record of success in both preliminary hearings and trials.
Dedication to fighting for every client with skill, urgency, and care.

We understand that each case is unique, and we will tailor your defense strategy to the specific circumstances of your situation. Our priority is to protect your rights and help you move forward with renewed confidence.

Contact Us Today

If you’ve been charged with strangulation, don’t wait to seek legal counsel. Contact Ciccarelli Law Offices today for a confidential consultation. Together, we will assess your case, identify the best legal strategy, and ensure your voice is heard in court.

Call us at or fill out our online contact form to get started.

Ciccarelli Law Offices is here to fight for you. With offices serving clients across Pennsylvania, we’re ready to take immediate action to defend your rights and future.