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First offense strangulation penalties include maximum fines of $10,000 and up to 6 years in prison. Subsequent charges could result in monetary penalties up to $25,000 and a prison sentence of 25 years.
Facing Strangulation charges in Appleton
Almost all strangulation charges are based on evidence collected by the police after the incident has happened. Most evidence includes photographs, statements from witnesses, and any observations the police can make from the scene. In order to violate Wisconsin’s strangulation or suffocation statute, you must intentionally impede someones’ ability to breathe. Any accidental contact resulting in the inability to breathe does not equal the penalties of intentional suffocation.
If your hands are placed near the head or neck of a person as a method of self-defense, resulting in the temporary inability to breathe, this is not a crime. This type of activity is self-defense and can not result in an intentional strangulation charge.
You Could be Facing a FELONY Charge
Being convicted of strangulation is very serious and generally falls into the same category as domestic violence. Strangulation in Wisconsin is a felony (even if it’s your first offense). Restricting breathing by “blocking the nose and mouth” is also considered strangulation/ suffocation. This includes placing a bag over someone’s head, covering someone’s mouth with your hand, or stuffing a pillow in someone’s face.
Strangulation and Suffocation Attorney in Appleton
If you’re facing a strangulation charge in Appleton, the best defense is going to require an experienced criminal defense attorney. Strangulation charges are extremely difficult to beat without an attorney and will require an aggressive, well-thought-out plan.
The first step in beating a criminal strangulation charge is to schedule a free consultation with an Appleton defense attorney at Grieve Law. One of Grieve’s experienced defense attorneys will talk with you about the details of your case and discuss the best course of action moving forward. Grieve Law will go down every road necessary to achieve the best possible outcome for your specific case. Remember, you are only guilty if you are convicted. That's why numerous clients of ours have gotten their domestic violence, battery, drug, and first offense DWI charges reduced or completely dropped.
How long does strangulation stay on my record?
A strangulation charge will be on your record for the rest of your life. This type of crime will be viewable and accessible by anyone that wants to see it, including family members and employers. Although unlikely, a judge may grant an expunction on your case under very specific circumstances. However, an expungement does not remove the record of your conviction entirely.
How to beat a strangulation charge
A strangulation conviction almost entirely relies on evidence obtained through witness statements and observations made by the police officer on scene. Because of this, a common defense strategy is to challenge the “facts” presented by the “victim”, arresting officer, or witness. Witnesses and victims can often exaggerate or fabricate events, so it’s important to reveal the truth.
The easiest way to beat a strangulation charge in Wisconsin is by hiring a criminal defense attorney that’s helped beat strangulation charges in the past - like Grieve Law. An experienced attorney is going to know what questions to ask, and what defenses to implement.
