Being charged with strangulation or suffocation in Massachusetts is a serious matter that demands immediate legal attention. These charges are felonies under Massachusetts General Laws Chapter 265 Section 15D and carry severe penalties, including imprisonment and substantial fines. If you or someone you know is facing such charges, it’s crucial to have an experienced Massachusetts criminal defense lawyer on your side.
At Riccio Law, Attorney Anthony R. Riccio leverages his extensive experience and background as a former prosecutor to provide aggressive and knowledgeable defense strategies. Contact us today for a free consultation to protect your rights and future.
Understanding Strangulation and Suffocation Charges
Under M.G.L. c. 265 §15D, strangulation and suffocation are defined as follows:
- Strangulation: The intentional interference of normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another person.
- Suffocation: The intentional interference of normal breathing or circulation of blood by blocking the nose or mouth of another person.
These definitions mean that any intentional act that disrupts another person’s breathing or blood flow through pressure on the neck or blocking airways can result in felony charges.
Elements the Prosecution Must Prove
To convict you of strangulation or suffocation, the Commonwealth must prove each of the following elements beyond a reasonable doubt.
For Strangulation:
- Application of Substantial Pressure: You applied substantial pressure on the throat or neck of the alleged victim.
- Interference with Breathing or Circulation: You interfered with the normal breathing or circulation of blood of the alleged victim without any legal right or excuse.
- Intentional Act: You acted intentionally in applying the pressure.
For Suffocation:
- Blocking Nose or Mouth: You blocked the nose or mouth of the alleged victim.
- Interference with Breathing or Circulation: Similar to strangulation, you interfered with the victim’s normal breathing or circulation without legal right or excuse.
- Intentional Act: Your actions were intentional.
If the prosecution fails to prove any one of these elements, you must be found Not Guilty.
Aggravated Strangulation and Suffocation
Strangulation and suffocation charges can be elevated to aggravated offenses, which carry harsher penalties. An offense becomes aggravated under the following circumstances:
- Serious Bodily Injury: The act caused serious bodily injury, defined as injury resulting in permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or creating a substantial risk of death.
- Victim is Pregnant: You knew or had reason to know that the victim was pregnant.
- Violation of Restraining Order: The act violated an existing Abuse Prevention Order or Restraining Order (209A Order).
- Prior Conviction: You have a prior conviction for strangulation or suffocation.
Penalties for Aggravated Offenses:
- Imprisonment in state prison for up to 10 years or in the house of correction for up to 2.5 years.
- Fines up to $10,000.
- Mandatory completion of a certified batterer’s intervention program unless the court states otherwise.
Legal Penalties and Consequences
A conviction for strangulation or suffocation can lead to:
- Imprisonment: Up to 5 years for standard offenses, and up to 10 years for aggravated offenses.
- Fines: Up to $5,000 for standard offenses, and up to $10,000 for aggravated offenses.
- Mandatory Programs: Completion of a certified batterer’s intervention program.
Additional Consequences:
- Criminal Record: A felony conviction can impact future employment and educational opportunities.
- Professional Licenses: Potential loss or suspension of professional licenses.
- Immigration Status: Non-citizens may face deportation or denial of naturalization.
- Reputation: Damage to personal and professional relationships.
Defending Against Strangulation and Suffocation Charges
Building a strong defense requires a thorough understanding of the law and the specifics of your case. Potential defenses include:
False Allegations
- Motive to Lie: The alleged victim may have reasons to falsely accuse you, such as custody disputes or personal vendettas.
- Lack of Evidence: Absence of physical injuries or inconsistencies in the alleged victim’s testimony.
Self-Defense
- Protection from Harm: You acted to protect yourself from immediate physical harm.
- Proportional Force: The force used was reasonable under the circumstances.
Defense of Another
- Protecting Others: You intervened to protect another person who was under attack.
Consent
- Consensual Acts: In rare cases, the actions were part of consensual behavior between adults.
Lack of Intent
- Accidental Contact: The interference with breathing or circulation was unintentional.
Attorney Riccio will evaluate all evidence, interview witnesses, and develop a defense strategy tailored to your case. Contact us to start building your defense.
Why Choose Attorney Anthony R. Riccio
- Former Prosecutor Experience: Insight into how the prosecution builds its case.
- Personalized Attention: Every case is given the time and dedication it deserves.
- Proven Track Record: Successful defense of clients facing serious felony charges.
- Strategic Defense: Combines legal knowledge with aggressive advocacy.
Related Offenses
You may also face charges related to:
- Assault & Battery (M.G.L. c. 265 s. 13A)
- Assault & Battery on a Family or Household Member (M.G.L. c. 265 s. 13M)
- Assault & Battery Resulting in Serious Bodily Injury (M.G.L. c. 265 s. 13A(b)(i))
- Attempted Murder (M.G.L. c. 265 s. 16)
These charges can complicate your legal situation and require a comprehensive defense strategy.
Frequently Asked Questions
What should I do immediately after being charged?
Do not speak to the police without an attorney present. Contact Attorney Riccio immediately to protect your rights.
Can these charges be dropped if the alleged victim recants?
The prosecution can still pursue charges even if the alleged victim wants to drop them. The decision to dismiss lies with the prosecutor.
What is a Continuation Without a Finding (CWOF)?
A CWOF is an agreement where you admit that the prosecution has enough evidence, but there is no guilty finding. If you comply with certain conditions, the case may be dismissed.
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