The Impact of Strangulation to Domestic Violence Charges
Strangulation in domestic violence situations is a particularly serious offense in Colorado. It is treated with heightened concern by the legal system because of its direct threat to life and potential to cause long-term physical and psychological harm. Even a brief act of strangulation can lead to felony charges with severe penalties, underscoring how seriously the state takes these cases.
What is Strangulation Under Colorado Law?
Strangulation is defined under Colorado law as intentionally restricting another person’s breathing or blood circulation by applying pressure to the throat or neck. This act, even if momentary, is considered extremely dangerous. Due to its high lethality potential, strangulation is classified as a second-degree assault when it occurs in a domestic violence context.
This means that if one partner in a domestic relationship uses their hands, an object, or any other means to choke or hold the other’s neck tightly enough to interfere with their ability to breathe or circulate blood, the offender faces felony charges. Colorado law does not require the victim to lose consciousness for the act to be considered strangulation. The mere act of restriction, no matter how short the duration, is sufficient to elevate the charge to a felony.
Why is Strangulation Taken So Seriously in Domestic Violence Cases?
Strangulation is considered one of the most lethal forms of domestic violence. It significantly increases the risk of severe injury or death. Victims often suffer from internal injuries that may not be immediately visible but can have lasting effects, including brain damage due to oxygen deprivation. This danger is why Colorado imposes strict penalties for strangulation offenses.
Enhancements to Strangulation Charges
The legal consequences become even more severe if the strangulation results in the victim losing consciousness or if there is evidence of serious bodily injury. In such cases, prosecutors may pursue enhanced charges under Colorado’s crime of violence statute. This statute allows for longer prison sentences because the crime poses a heightened risk to the victim’s life.
Typically, a second-degree assault charge for strangulation carries a prison term ranging from 2 to 8 years. However, if the crime of violence enhancement applies, the sentence can increase dramatically, potentially ranging from 5 to 16 years. This reflects the gravity of the offense and the state’s commitment to protecting victims.
Can a Strangulation Charge Be Dropped?
There are many circumstances where a partner may make an exaggerated or false accusation in the heat of an argument. The problem is that an accusation can’t simply be taken away even if the accuser admits that truth. Someone facing strangulation charges may hope for a strangulation charge to be dropped, but it is ultimately up to the prosecutor, not the victim in the case, to decide whether to proceed. Colorado has a strong “no-drop” policy for domestic violence cases, which means once there is sufficient evidence, the prosecution is likely to move forward regardless of the victim’s wishes. However, each case is unique, and sometimes charges can be reduced or dismissed if the evidence is weak or if there are procedural issues. It is crucial for anyone facing such serious charges to seek experienced legal counsel immediately to explore all possible defenses and work toward the best possible outcome.
The Role of Expert Testimony
Strangulation cases often rely on expert testimony to explain the medical and physiological dangers involved. Medical professionals may testify about how even brief oxygen deprivation can lead to serious consequences. They also help juries understand the risks and why the law treats strangulation as a violent felony.
If the victim loses consciousness during the strangulation, this fact is a critical piece of evidence. It strongly supports the prosecution’s case by demonstrating that the act posed a clear and present danger to the victim’s life.
The Importance of Medical Records
Medical documentation plays a key role in strangulation cases. When victims seek medical treatment after an assault, doctors often document signs of strangulation, such as bruising, swelling, difficulty breathing, or neurological symptoms. These medical records become essential evidence in court.
Law enforcement typically obtains these records to support the prosecution. If the victim consents and signs a release, these records provide objective proof of injury and can strengthen the case for enhanced charges. Without medical evidence, it can be more difficult to prove the severity of the strangulation and its impact on the victim’s health.
Contact A Colorado Springs Lawyer Near You When Facing Strangulation Charges
Strangulation charges in Colorado carry very serious consequences, and these cases can be incredibly complex. Even brief acts can lead to felony charges and potentially significant prison time, especially if the prosecution presents expert testimony and medical records showing the victim lost consciousness or suffered serious injury. It is important for defendants to realize how heavily the court weighs this evidence, but also that every case deserves a thorough defense. Understanding the seriousness of strangulation allegations and the legal protections available is crucial for anyone facing these charges. If you are facing strangulation charges related to domestic violence charges, we urge you to reach out to the team here at Rodemer | Kane to discuss your case and see how we can make sure your rights are protected.