Wisconsin Strangulation and Suffocation Charge

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.

Strangulation and Suffocation Defense Attorneys in Madison, WI

In many cases evidence of a strangulation is non existent. A victim may not show any external signs of suffocation when the police respond. However, individuals who have been strangled can show significant complications including laryngeal fractures, upper airway edema, and vocal cord immobility. If a medical exam was not conducted there may not be anything but the testimony of the victim. Prosecutors will often try to proceed with a conviction even when they do not have photographs or other evidence. A victim’s testimony is often the only way to prove suffocation. Understanding how these cases work can be a big advantage when deciding to fight a charge. Contact DK Anderson, S.C. today for a free consultation!