Wisconsin Strangulation and Suffocation Charge
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Madison, WI
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Madison, WI Strangulation and Suffocation Attorneys
Strangulation and Suffocation Charges in Wisconsin: Legal Consequences & Defense Strategies
Facing a strangulation and suffocation charge in Wisconsin is an extremely serious legal matter. Wisconsin courts treat these offenses as violent crimes, often prosecuting them aggressively—especially when linked to domestic violence allegations. A conviction can result in felony penalties, long-term legal restrictions, and severe collateral consequences affecting your personal and professional life.
Strangulation Lawyer in Madison, WI
At DK Anderson, S.C., we understand that every case has two sides, and false accusations, misunderstandings, or exaggerated claims are not uncommon. Our experienced criminal defense attorneys are dedicated to fighting for your rights and ensuring you receive a fair trial.
Wisconsin Law on Strangulation and Suffocation – Wis. Stat. § 940.235
Under Wisconsin Statute § 940.235, a person is guilty of strangulation and suffocation if they:
- Impede another person’s normal breathing or circulation of blood
- Apply pressure to the throat or neck or block the nose or mouth
- Intentionally commit the act (meaning they had the mental purpose to do so or knew their actions would cause harm)
The prosecution must prove these elements beyond a reasonable doubt to obtain a conviction.
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What Are the Penalties for Strangulation and Suffocation in Wisconsin?
The severity of the penalties depends on prior offenses and any aggravating factors.
First Offense – Class H Felony
- Up to 6 years in prison
- Fines up to $10,000
- Felony record with long-term consequences
Subsequent Offenses or History of Violent Crimes – Class G Felony
- Up to 10 years in prison
- Fines up to $25,000
- More severe sentencing considerations
Domestic Violence Enhancer
If the charge is domestic violence-related, additional restrictions and penalties may apply, including:
- Mandatory domestic abuse assessments and counseling
- Restrictions on firearm possession (lifetime federal firearm ban upon conviction)
- Protective or restraining orders that can impact custody and visitation rights
How DK Anderson, S.C. Fights Strangulation and Suffocation Charges
Strangulation and suffocation cases often rely heavily on the accuser’s testimony, as physical evidence may not always be present. In many cases, there are no visible injuries, making it easier for false or exaggerated claims to result in criminal charges.
At DK Anderson, S.C., we use proven defense strategies to challenge these charges, including:
- Challenging the Accuser’s Testimony – We thoroughly investigate the accuser’s motive, inconsistencies in statements, and potential biases.
- Medical and Forensic Analysis – We assess whether the alleged injuries match the accusations and whether they could have been caused by something else.
- Self-Defense Arguments – If you were acting to protect yourself, we present clear evidence of self-defense.
- Lack of Intent to Harm – If the alleged act was accidental or misinterpreted, we challenge the prosecution’s ability to prove intent beyond a reasonable doubt.
- Violation of Constitutional Rights – If law enforcement failed to follow proper procedures, such as conducting an illegal arrest or violating Miranda rights, we move to suppress evidence.
Why Choose DK Anderson, S.C. for Your Defense?
✔ Experienced in Felony Defense – We have a proven track record of defending clients against violent crime charges in Dane County and Southern Wisconsin.
✔ Aggressive and Strategic Representation – We thoroughly analyze every aspect of your case to expose weaknesses in the prosecution’s evidence.
✔ Dedicated to Protecting Your Future – We fight to prevent convictions, negotiate reduced charges, and explore alternative sentencing options when appropriate.
Take Immediate Action – Protect Your Rights
Strangulation and suffocation charges can lead to severe penalties and long-term consequences. Early intervention by a skilled defense attorney can make all the difference.
📞 Call (608) 204-5807 today to discuss your defense strategy.
Frequently Asked Questions - Strangulation Charges in Wisconsin
Yes. Strangulation cases often rely on the accuser’s testimony alone, even if there are no physical marks or medical evidence. This makes it critical to have a skilled defense attorney who can challenge the credibility of the allegations.
Even if the accuser no longer wants to press charges, the prosecutor can still move forward with the case. Wisconsin follows a no-drop policy for domestic violence-related cases, meaning the state—not the accuser—decides whether to proceed with prosecution.
Yes. A conviction for strangulation—especially if classified as domestic violence—can result in a lifetime ban on firearm possession under federal law. If firearms are important to your career or personal life, you need a strong defense to fight the charge.
To be convicted, the prosecution must prove that you intended to impede breathing or blood circulation. If the act was accidental, unintentional, or misinterpreted, this can be a key defense strategy.
✔ Do NOT speak to police without a lawyer
✔ Avoid any contact with the accuser (even if they reach out)
✔ Document everything (texts, emails, social media interactions)
✔ Hire an experienced criminal defense attorney immediately
False accusations can ruin your reputation and future, so taking swift legal action is essential.
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