Strangulation is a crime under Pennsylvania law that involves intentionally, knowingly, or recklessly impeding the breathing or circulation of the blood of another person by applying pressure to their throat or neck, or by blocking their nose or mouth1. The statutory language for strangulation can be found in section 2718 of Title 18 of the Pennsylvania Consolidated Statutes2.
The grading and penalties for strangulation depend on the factors and circumstances of the offense, such as the relationship between the offender and the victim, the use of an instrument of crime, and the existence of a protection order. Strangulation can be classified as a misdemeanor of the second degree, a felony of the second degree, or a felony of the first degree2. The standard range of sentencing for these offenses are as follows:
- Misdemeanor of the second degree: up to 2 years in prison and up to $5,000 in fines
- Felony of the second degree: up to 10 years in prison and up to $25,000 in fines
- Felony of the first degree: up to 20 years in prison and up to $25,000 in fines
In addition, a person convicted of strangulation may be required to register as a sex offender under the Sexual Offender Registration and Notification Act (SORNA), which can have serious and lasting consequences on their personal and professional life.
The potential defenses for a strangulation charge vary depending on the facts and circumstances of the case, but some common ones include:
- Lack of evidence or proof beyond a reasonable doubt
- Consent of the victim or mistake of fact as to consent
- Alibi or mistaken identity of the offender
- Entrapment or coercion by law enforcement or others
- Statute of limitations or expiration of the time period to file charges
These defenses are not exhaustive and may not apply to every case. Therefore, it is crucial to consult with an experienced and qualified criminal defense attorney who can evaluate the specific details of your case and advise you on the best course of action.
If you are being accused of strangulation, you should immediately hire Lee Ciccarelli and his team to represent you even before you have been formally charged. Lee Ciccarelli is the founder of Ciccarelli Law Offices, a Pennsylvania litigation law firm that focuses on criminal defense, personal injury, vehicle accidents, and workers’ compensation law. He has over 30 years of experience in handling complex and challenging cases involving violent crimes, sexual offenses, DUI, and more3. He has a proven track record of success, having obtained acquittals, dismissals, and favorable plea deals for his clients. He has also received numerous awards and recognitions, such as being named a Super Lawyer, a Top 100 Trial Lawyer, and a 10.0 Superb Rating by Avvo.
Lee Ciccarelli and his team of skilled and dedicated attorneys will fight for your rights and interests, and provide you with the best possible defense. They will conduct a thorough investigation of your case, gather and analyze all the evidence, challenge the prosecution’s claims and witnesses, negotiate with the authorities, and prepare a strong and persuasive argument for trial. They will also guide you through the legal process, keep you informed of your options, and support you every step of the way.
By hiring Lee Ciccarelli and his team, you will benefit from their extensive knowledge, experience, and resources, as well as their passion, commitment, and professionalism. They will work tirelessly to protect your reputation, freedom, and future, and to achieve the most favorable outcome for your case.
Do not hesitate to contact Ciccarelli Law Offices today for a free and confidential consultation. You can reach them by phone at (610) 692-8700, by email at lee@ciccarelli.com, or by visiting their website at Ciccarelli Law Offices. They serve clients throughout Pennsylvania, with offices in West Chester, Philadelphia, Lancaster, Plymouth Meeting, Kennett Square, Springfield, King of Prussia, and Radnor. They are available 24/7 to assist you with your legal needs.