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Strangulation in Virginia

Experienced Attorneys Ready to Fight for You

Strangulation in Virginia (VA Code § 18.2-51.6)

Strangulation is a serious violent offense in Virginia and it carries severe consequences if you are convicted. If you are facing a Virginia strangulation charge, you need an experienced Virginia strangulation lawyer who can protect your rights, fight for you in court and reach the best possible outcome. The experienced criminal defense attorneys at KGO have successfully defended numerous clients charged with Strangulation and other violent felonies.

What is Strangulation?

For someone to be found guilty of Strangulation in Virginia, the Commonwealth’s Attorney must prove the following:

1. That the accused impeded blood circulation or respiration of another person,

2. By applying pressure to the neck of that person,

3. That the accused did so knowingly, intentionally and unlawfully, and

4. That the act resulted in a wound or bodily injury to that person.

What are the consequences of a conviction?

In Virginia, strangulation is a Class 6 Felony, which means that it carries a maximum punishment of five years in jail and/or a $2,500.00 fine. Strangulation is also a Category II violent felony offense. Being convicted of a Category II violent offense can lead to serious consequences now and later down the road. One of the most pressing concerns is sentencing. IN general, Category II offenders receive much longer jail or prison sentences than nonviolent offenders.

In addition to a jail or prison sentence, a felony strangulation conviction carries other serious consequences. These are often referred to as collateral consequences of the conviction. Some of these collateral consequences may include:

· Loss of your right to vote

· Loss of your right to use, possess, carry or purchase a firearm

· Loss or restriction of public housing benefits

· Loss or restriction of public assistance benefits or financial aid

· Loss of your professional license or certification

· Loss of your job or trouble getting a new job

· Issuance of a protective order or restraining order against you

An experienced and aggressive criminal attorney in Virginia will help to increase your chances of avoiding a strangulation conviction, minimizing any potential sentence and impact, winning an acquittal, or having the charge dismissed completely. At KGO, we have the experience you need to fight and succeed in defending your Virginia assault charge in front of a judge or a jury.

How are Strangulation Cases Prosecuted?

Virginia prosecutors take strangulation charges very seriously and prosecute these charges aggressively. Under Virginia strangulation law, the prosecutor does not have to prove that great force was used or that the victim suffered serious injuries. The prosecutor must only prove that the slightest amount of pressure was applied to the alleged victim’s neck. And, the prosecution can prove a bodily injury occurred based on internal injuries. As a result, the Commonwealth’s Attorney can prosecute strangulation charges even when there are only minor injuries to the alleged victim. In fact, the prosecutors frequently try strangulation cases where there are no visible injuries at all. So, it is critically important to be represented by an experienced attorney who knows how to form a strategy to serve your defense.

The Commonwealth often uses complex scientific and medical evidence to prove a strangulation case. They have the benefit of forensic experts focused on collecting and presenting medical and scientific evidence of strangulation at trial. The Commonwealth’s forensic experts are usually trained and experienced expert witnesses who work closely with the police from the beginning of the investigation. You need a skilled attorney who can challenge the Commonwealth’s evidence. At KGO, our attorneys are experienced in fighting the Commonwealth’s evidence and presenting expert evidence in the client’s defense.

KGO will fight for you

An experienced and aggressive attorney can hone your defense and explore all feasible avenues to fight against a strangulation allegation. That means exploring all of the facts, speaking and bringing in witnesses, revealing when a witness is biased or has a reason to lie, and undermining the credibility of witnesses to a prosecutor, judge, or jury. It may also be important to prepare mitigating evidence to lessen the sentence or effect of any violent offense, with the goal of limiting criminal exposure or having the charge dismissed.

KGO’s Virginia criminal attorneys have successfully defended and represented hundreds of clients charged with violent offenses in Virginia.  KGO has helped many clients receive complete exonerations and not guilty verdicts of their charges in front of judges and juries. Each case was very different, requiring a unique strategy and outlook. Your case and your situation are no different. You need and deserve a top-rated defense. We can help.

Call (703) 988-3711 or contact us today via our contact form to schedule a free consultation about your Virginia strangulation case and learn how we can help.

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