Strangulation Attorney in Gillette
Skilled Criminal Defense for Strangulation Charges
Violent crime charges are taken very seriously by law enforcement and prosecutors in Gillette, Campbell County, and Wyoming. If you have been arrested for domestic abuse or any other physical assault involving strangulation, you should retain representation right away. At Steven Titus & Associates, P.C., we understand the seriousness of this type of charge. Allegations of strangulation should be handled delicately and you should hire an experienced Gillette criminal defense attorney as soon as possible.
Our legal team is here to help you after an accusation of strangulation. Call us at (307) 257-7800 to schedule a free consultation.
Strangulation Defined in Wyoming
Perhaps due to how common strangulation charges are in Wyoming, there is a very specific definition of what constitutes strangulation in Wyoming Statute Section 6-2-509. Strangulation is defined as the intentional, knowing, or reckless attempt to cause bodily injury to another household member by impeding his or her ability to breathe or the normal circulation of blood. This can be done when a person applies pressure to the throat or neck of another person, or blocks the nose and mouth of another person, cutting off airways.
For the purposes of a strangulation charge, "household members" in Wyoming are persons married to each other, persons cohabiting, persons formerly married, persons formerly cohabiting, persons who are parents of children but not living together, and persons who are or have been in a dating relationship. (WY Stat Section 35-21-102)
Strangulation is often charged as part of a domestic violence offense, known as "domestic assault by strangulation." It can also be paired with other violent crime offenses, including assault and battery or sexual assault charges. Whatever the case may be, the consequences are severe if you are convicted.
Penalties for Strangulation
By law, strangulation of a household member is considered a felony and as such, a conviction could result in a jail sentence of up to five years.
Upon release from jail, a person may also be placed on probation. Sometimes, instead of jail time, a convicted person may be sentenced strictly to probation. This can also be a serious consequence. Probation can limit a person’s freedoms, such as the right to own firearms.
In addition to jail time and probation, a person convicted of strangulation could also be forced to pay restitution to the victim, be forced to pay criminal fines to the court, and be ordered to attend domestic violence counseling. He may also have a restraining order placed against him, preventing him from seeing or contacting the victim.
Defenses for Strangulation
Facing a strangulation charge can seem hopeless. But that is not always the case. There are possible defenses to strangulation charges, and an experienced defense attorney knows them and will use them to defend you.
One of the main defenses in strangulation cases is that the defendant did not strangle the victim. If a person covered a household member’s face but did not block airways, this would not be strangulation. Of course, there is always the defense that the accused did not touch the victim inappropriately in any way.
Another main defense for strangulation is that the person was acting in self-defense, or defending a child. If one parent, for instance, started acting violently towards a child in the house, the other parent could defend the child by coming behind the aggressive parent and strangling him or her. Self-defense is a valid defense in Wyoming, and can often be used in strangulation cases.
There are many possible defenses in these cases, and an experienced Wyoming criminal defense attorney can help you use them.
Proving Your Innocence Against Strangulation Charges
In violent crimes and domestic violence accusations, law enforcement often operate on the idea that you are guilty until proven innocent - although it could have been a case of mistaken identity or a false accusation! You need to have a legal advocate on your side who can fight for you. Our Gillette strangulation attorney and team are familiar with the methods of local police officers and prosecutors, which we can use to your advantage as we build a defense strategy. We can make sure that you are given due process under the law.
We are available 24/7 to help. Contact us now at (307) 257-7800 to schedule a free consultation.
Your FREE Case Strategy Session
On All Injury and Criminal Cases
Contact our office right now to speak to
someone who wants to help you.