Strangulation in the Second Degree

What the prosecutor must prove

• The accused committed criminal obstruction of breathing or blood circulation (PL 121.11).
• The conduct caused stupor, loss of consciousness, or any other physical injury or impairment.

Defenses that commonly apply

• Medical records that do not support the claimed injury or loss of consciousness.
• Self-defense and the credibility of the complaining witness.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.