Strangulation or suffocation refers to the intentional obstruction of normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth of another person.
Assault by strangulation is considered a felony punishable by imprisonment, and can be found under MCL 750.84(1)(b).
While actual injuries or significant bodily harm are not necessary to charge someone with assault by strangulation or suffocation, specific injuries resulting from pressure on the throat or neck, or blockage of the nose or mouth, can help establish that the assault occurred.
Typically, the accuser may have photographs of the alleged injuries taken by themselves, a police officer, a detective, or a Sexual Assault Nurse Examiner (SANE) nurse. A SANE nurse is specially trained in dealing with sexual assault care. A SANE nurse will provide a detailed document referring to everything that was said, done, and discussed when the accuser was treated.
Proving the charge of assault by strangulation
To successfully prove the charge of assault by strangulation, the state must demonstrate in court, beyond a reasonable doubt, that:
- The accused committed a battery against the accuser. (A battery involves forceful, violent, or offensive contact with another person or something closely connected to that person.)
- The contact was intentional and meant to cause great bodily harm, rather than being accidental, and it must have occurred against the accuser’s will. The presence of an injury is not necessary for this element.
- The battery was specifically executed through strangulation or suffocation.
Penalty
Assault by strangulation and suffocation is a felony conviction punishable by a fine up to $5,000.00 or up to 10 years in prison, or both. In addition, a person convicted of assault by strangulation or suffocation may also be “charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this [offense]” such as domestic violence or assault with a dangerous weapon. MCL 750.84(3).
If found guilty, assault by strangulation is a felony punishable by prison time for not more than 10 years, a fine of not more than $5,000, or both.
Defense
One of the main defenses in strangulation cases is that the defendant did not strangle the accuser. In other words, if the defendant covered the accuser’s face, but did not block the airway, this would not be strangulation.
A person accused of assault by suffocation or strangulation may have grounds to claim self-defense. It is the prosecutor’s responsibility to prove that the defendant was not acting in self-defense. If the accused can demonstrate that they were being attacked or faced imminent danger of serious harm or death, they could argue that using strangulation was necessary to incapacitate the aggressor. Establishing this defense will depend on the specifics of the case, witness testimony, and how credible those witnesses appear to the jury. It’s important to understand that assault by strangulation or suffocation is taken very seriously by judges and can lead to significant prison time.
Contact Kirsch Daskas Law Group
If you or a loved one has been charged with assault by strangulation or suffocation and requires legal representation, don’t hesitate to reach out to the experienced attorneys Kirsch Daskas Law group for assistance today. We are available on 248-792-3060.
