There are many states that are taking proactive steps in making choking a serious offense by elevating it to a felony charge. Choking is often associated with domestic violence and is a criminal act. Despite this, there are many states that do not consider choking a felony. Just like with many aspects of domestic violence. This elevation of the crime is not an easy one to tackle.
The legal status of choking is going to greatly depend on the state you live in. If you have questions about what the legal status of choking is in your state, don’t hesitate to reach out to a choking lawyer.
Arguments for and Against Elevation
There are many individuals who argue in favor of making choking a felony. These individuals believe that domestic abusers who use this tactic deserve to be penalized to a greater degree than someone who slaps, pushes, or performs some other lighter form of domestic violence.
On the other hand, there are individuals who believe that having a felony in this particular act will be abused, causing this charge to be abused. Many opponents believe that there are many false allegations of domestic violence that are used as a tool for manipulation and to get an advantage in Family Court matters.
Dangers of Choking
Because of the dangers of choking prosecutors and police have long wanted stronger measures to be taken against offenders who commit this act. When someone is choked, they may suffer brain damage and could even reach a premature death because oxygen could not get to the brain.
Legal Status of Choking
In most cases, assault and battery crimes are elevated to a felony status when they include serious physical injuries like broken bones, bruising, or signs of bleeding. Many victims of domestic violence often report being victimized by choking multiple times and therapies of relationships.
Currently, there are 30 states that have elevated strangulation, and choking, to a felony status. Many law enforcement officers are trained to spot other signs of strangulation or choking that do not require showing physical marks like bruises on or around the neck. Other states take a different approach, finding that there are already adequate protections existing for domestic violence victims without having to pass new laws.
Criminal defense lawyers in different states argue that allowing joking cases to go forward with a felony charge when there is no physical injury will give individuals the incentive to make up such allegations.
We understand that if you have been a victim of choking, it is a traumatizing experience. This is why we highly suggest contacting a choking lawyer like our friends at Davis & Brusca, LLC, for advice.