Felony assault by strangulation is a serious criminal charge in Minnesota, carrying severe legal and personal consequences. If you’ve been accused of this crime, it’s important to understand what it means, the potential penalties, and how a criminal defense attorney with experience successfully defending clients against felony charges can help.
At Martine Law, we’ve helped many clients navigate assault charges with dedication and compassion. Our attorneys are trusted advocates who will work tirelessly to protect your rights and pursue the best possible outcome for your case.
What is Felony Assault by Strangulation in Minnesota?
What the Law Says
Under Minnesota Statutes Section 609.2247, assault by strangulation is defined as intentionally impeding someone’s normal breathing or circulation of blood by applying pressure to their throat or neck or blocking their nose or mouth.
This offense is considered a felony due to the potential for serious injury and the deliberate nature of the act. It often arises in situations involving domestic violence, making it a frequently charged crime in Minnesota.
Key Elements of Assault by Strangulation
To convict someone of felony assault by strangulation, the prosecution must prove several elements beyond a reasonable doubt:
- Intent: The accused must have intentionally applied pressure to the victim’s throat or neck.
- Action: The act must have impeded the victim’s ability to breathe or affected blood circulation.
- Relationship Context: This charge often occurs within domestic relationships, but it is not limited to those scenarios.
If any of these elements are challenged successfully in court, the charges could be reduced or dismissed. This is one of many reasons to have a skilled criminal defense attorney on your side.
Penalties for Felony Assault by Strangulation
Felony assault by strangulation carries harsh consequences in Minnesota, reflecting the serious nature of the crime.
Possible Penalties
- Imprisonment: Up to 3 years in prison.
- Fines: Up to $5,000 in fines.
- Collateral Consequences:
- A felony conviction can impact future job opportunities.
- It may affect child custody arrangements or lead to a loss of firearm rights.
These penalties can significantly alter your life, which is why it’s crucial to address the charges with the help of a legal professional.
Possible Defenses to Assault by Strangulation Charges
While the stakes are high, there are several potential defenses to felony assault by strangulation:
- Self-Defense: If you acted to protect yourself or another person from harm, this could be a valid defense.
- Consent: In rare cases, the alleged victim may have consented to the act, though this defense is complex and situational.
- Lack of Evidence: If there is insufficient evidence to prove intent or physical harm, the charges could be challenged.
- False Allegations: Misunderstandings or vindictive claims can lead to false accusations.
An experienced Minnesota criminal defense attorney can help you identify and build a strong defense tailored to your specific case.
Why You Need Legal Representation
Felony assault by strangulation cases can be emotionally charged and legally complex. Prosecutors take these allegations very seriously, especially when they occur in domestic violence contexts. Without proper legal representation, you could face the maximum penalties.
How Martine Law Can Help
At Martine Law, we provide:
- Personalized Defense Strategies: We analyze every detail of your case to build a tailored defense.
- Compassionate Advocacy: We understand how overwhelming this process can be and are here to support you every step of the way.
- Strong Negotiation Skills: If appropriate, we can negotiate with prosecutors for reduced charges or alternative sentencing options.
Our goal is to protect your rights and minimize the impact of these charges on your future.
What to Do If You’ve Been Charged with Felony Assault by Strangulation
If you’re facing charges, taking immediate steps to protect yourself is essential:
- Do Not Discuss the Case: Avoid speaking about the case with anyone other than your attorney.
- Avoid Contact with the Alleged Victim: Violating court orders can worsen your legal situation.
- Document Everything: Gather any evidence or details that could support your defense.
- Contact a Defense Attorney: The sooner you seek legal representation, the better your chances of a favorable outcome.
Contact the Minnesota Felony Charge Defense Lawyers at Martine Law Today
Felony assault by strangulation is a serious charge, but you don’t have to face it alone. Martine Law is here to provide the support and representation you need during this challenging time. With our extensive experience and commitment to protecting your rights, we’ll work tirelessly to defend your case and pursue the best possible outcome.
Call us today at 612-979-1305, or schedule an appointment online at Martine Law. Let us help you protect your future.