Attempted strangulation is a kind of charge that is often leveled in domestic violence cases. Such a charge is typically added to a domestic battery or assault offense. You may face a false charge of this kind which has the potential of leaving a deep and adverse impact on your life. However, it is possible to fight such a charge with the help of a Boise domestic battery attorney.
It is important to understand exactly what attempted strangulation means and what does this charge entails. Here is a look at these.
What Is Attempted Strangulation?
Attempted strangulation is when a defendant is accused of trying to strangle or choke another person. This other person can either be a household member, such as a spouse, or a person involved in a dating relationship with the defendant. A court will typically look at the evidence to first determine whether the person accusing you of attempted strangulation is a member of your household or someone who has been dating you.
Once the relationship between the defendant and the plaintiff is established, the court next looks at the evidence. The basic evidence required for this charge is that the plaintiff used hands or some other object to put pressure around the throat or neck of the victim.
Legally, the plaintiff does not need to prove that the defendant intended to murder the alleged victim, or even wanted to strangle them. The law also stipulates that any injuries are not required to prove that attempted strangulation occurred.
All that is required for you to be charged with this crime is for the evidence to indicate that pressure was exerted in the neck or throat area. Similarly, if the plaintiff can show that something was put on their face to suffocate them, the court may find this as sufficient evidence for the charge.
When Is an Attempted Strangulation Charge Brought?
An attempted strangulation charge is very common in domestic violence cases. Even in minor domestic violence disputes, you may find that the other party has brought this charge against you. In most cases, evidence for such an offense is flimsy, or even non-existent. However, any marks on the neck of the plaintiff, such as bruises or scratches, can be used by the police as sufficient pretext to pursue the charge.
In many cases, the prosecution may bring up this charge in a bid to put pressure on the defendant. So if you are facing a domestic violence case, the prosecution may add this charge to force you to accept a guilty plea.
Penalties for Attempted Strangulation
Idaho has stiff penalties for domestic violence cases in general, and this applies to attempted strangulation as well. As per Idaho Code 18-923, attempted strangulation is a felony offense. The penalties for this offense include a state prison sentence of up to 15 years.
In addition, the statute also stipulates that if you are found guilty of the offense, you must also undergo counseling, evaluation, and other forms of treatment.
Defending Against Attempted Strangulation Charge
As noted above, an attempted strangulation charge is not always based on the truth. The other party in a domestic violence case may simply add this charge to aggravate the circumstances of the case. This is why it is critically important to hire a qualified attorney to defend you against the charge.
A good attorney will look at the circumstances of the case to see if any viable evidence exists to support the charge. The attorney will also cross-examine the other party to determine how truthful and trustworthy the plaintiff is. All these elements factor into the overall direction of the case.
However, it is worth it to have sound legal help as the other alternative is to face the risk of a guilty verdict which can put you behind bars for many years and drastically impact your life.
Hiring a Reliable Boise Domestic Battery Attorney
If you have been charged with a domestic violence crime, such as attempted strangulation, our Boise attorney can help you. Here at Aaron Hooper, Attorney at Law, we strongly believe that there are two sides to each story. As the defendant, you have the full legal right to present your side and defend yourself. This is where we help you.
We work to ensure no false charges, tempered evidence, or fabricated witness statements are used to indict you. We also strive to have the charges against you dropped altogether, or to seek a minimum penalty. Call us today to discuss your domestic violence case with our lawyers.