Wisconsin Strangulation and Suffocation Charge

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Madison, WI Strangulation and Suffocation Attorneys

Understanding Strangulation and Suffocation Charges in Wisconsin

Facing a strangulation and suffocation charge in Wisconsin is a grave situation, reflecting the state’s stern stance on violent crimes. Such a charge not only carries severe legal consequences but can also profoundly impact your personal and professional life. Here’s what you need to know about these charges:

Classification and Penalties:

  • First Offense: Classified as a Class H felony, a first offense for strangulation and suffocation can result in up to six years of imprisonment. This underlines the seriousness with which Wisconsin treats even initial allegations of such conduct.
  • Subsequent Offenses or with a Violent Crime History: If you have a prior conviction for strangulation, suffocation, or another violent crime, the charge escalates to a Class G felony, which carries even harsher penalties.

Domestic Violence Considerations: It’s not uncommon for strangulation and suffocation charges to be filed in the context of domestic violence. The implications of a domestic violence designation are significant, affecting not just the legal outcomes but also personal matters, including custody and visitation rights, and can impose additional legal restrictions upon conviction.

Strangulation and suffocation in Wisconsin

Why Choose DK Anderson, S.C.

Given the increasing frequency of these cases being prosecuted, securing a robust defense is crucial. If you’re facing such charges, it’s essential to engage a criminal defense attorney who can navigate the complexities of your case, challenge the prosecution’s evidence, and advocate for your rights and freedoms.

At DK Anderson, S.C., located in Madison, WI, we are experienced in defending against strangulation and suffocation cahrges. Our approach is aggressive and thorough, taking pride in litigating challenging cases and striving for the best possible outcomes for our clients. If you’re facing these serious charges, contact us for a consultation to explore your defense options and ensure your rights are vigorously defended.

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What is a Strangulation and Suffocation Charge in Wisconsin?

Wisconsin Statute § 940.235 states that anyone who intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of strangulation and suffocation. The state must prove beyond a reasonable doubt the following two elements:

  1. You impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of your victim; and
  2. That you did so intentionally.

To “intentionally” impede the normal breathing or circulation means that you had the mental purpose to do so or you were practically certain that your actions would do so.​

Defending against a felony Strangulation and Suffocation charge

Defending against a felony strangulation and suffocation charge in Wisconsin starts with a knowledgeable attorney. One who knows the law and the right arguments. Often these cases are based on the statements of the alleged victim. This is because in many cases the victim in these crimes will not show visible marks. If you are facing a felony strangulation charge you need an aggressive defense.

Expert Defense Against Strangulation and Suffocation Charges by DK Anderson, S.C.

Strangulation and suffocation cases in Madison, WI, often present unique challenges in terms of evidence. In many instances, physical signs of such violence may not be immediately visible, leading to cases where the prosecution relies heavily on the victim’s testimony. Despite the lack of external signs, victims of strangulation can experience severe internal injuries, such as laryngeal fractures, upper airway edema, and vocal cord immobility. The absence of a comprehensive medical examination complicates these cases further, sometimes leaving the victim’s account as the primary evidence.

Prosecutors may pursue a conviction based on this testimony alone, emphasizing the need for an experienced defense attorney who understands the nuances of these cases. At DK Anderson, S.C., our attorneys are skilled in navigating the complexities of strangulation and suffocation defenses. We recognize the significant advantage that comes with a deep understanding of how these cases are prosecuted and defended.

If you’re facing strangulation or suffocation charges, our team is prepared to leverage our expertise to your benefit. Understanding the potential absence of physical evidence and the weight of testimonial evidence, we’re committed to building a strong defense strategy for you. Contact DK Anderson, S.C. today for a free consultation to discuss how we can help fight for your rights and secure the best possible outcome in your case.

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