Interpersonal conflicts can spiral out of control. Intense emotions, alcohol impairment and other complicating factors can lead to people becoming very aggressive toward intimate partners or even spouses.
Those arrested for allegedly becoming violent toward a person with whom they share a close relationship could face domestic violence charges. If the situation involves allegations of strangulation, the defendant could face particularly serious penalties.
What does the law say about strangulation claims?
Strangulation is an aggravating factor
Colorado amended its criminal statutes in recent years to specifically address strangulation during domestic violence situations. Strangulation can cause severe damage, including strokes and death. As such, the state tends to treat cases involving strangulation as more serious.
Oftentimes, those accused of strangulation as part of a domestic violence charge could face assault in the second degree charges. The offense is a Class 4 felony that carries between two and six years in prison and up to $500,000 in fines.
In cases involving strangulation by ligature or the use of a tool, such as a belt, or serious injuries sustained by the other party, first-degree assault charges with even more serious penalties could be possible. Domestic violence charges involving strangulation are more serious than charges related to a fight that devolved into a major incident.
There can be mitigating factors that influence domestic violence charges, just as there are aggravating factors, such as strangulation. Occasionally, incidents that arise in the heat of passion could be eligible for lower, Class 6 felony charges.
Those accused of any type of domestic violence face the potential of significant penalties, but strangulation cases are particularly serious. Fighting domestic violence charges requires an understanding of the law and a careful assessment of the state’s evidence. Seeking personalized legal guidance is a good way to begin building a strong defense strategy in this regard.