How Do I Fight a Domestic Assault by Strangulation Charge in Minnesota?
Domestic assault charges in Minnesota can be extraordinarily difficult to defend against. One of the reasons is because the charges themselves come with a stigma that makes the accused seem dangerous and crazy. Now, add ‘strangulation” to the charge and it takes it to truly the next level. While other articles by Jack Rice Defense look at the charge more broadly, the focus of this article is to narrowly look at what the state must prove but also at how to defend a strangulation charge if certain evidence does not exist. If you are facing this kinds of charge, contact an experienced Domestic Assault by Strangulation Criminal Defense Lawyer.
“If certain signs and symptoms point to the existence of a charge, a lack of those symptoms may support the argument that the allegations are not true.”
Some Basics
What is a Strangulation Charge in Minnesota?
Domestic Assault by Strangulation in Minnesota is a felony offense that applies when a Defendant is charged with the far more serious version of domestic assault known as Assault by Strangulation on a family or household member. Simply put, there must be
Domestic Assault;
Of a Family or Household Member;
The kind of assault must be by strangulation.
What is the Definition of Strangulation in Minnesota?
Strangulation is very specifically defined in Minnesota and goes beyond what most people might describe as strangulation. According to the statute, strangulation is defined as:
Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
Because “strangulation is so broadly defined, there are many ways it could apply including:
If somebody only slightly obstructs another’s breathing;
If somebody places enough pressure on the throat of another to cause dizziness;
If somebody places their hand over somebody’s mouth to stop them from yelling resulting in obstruction of breathing;
If hands, an object, a knee, etc. are placed on the throat and it has any impact at all on breathing or blood circulation;
If hands, an object, a knee, etc. are placed over the nose or mouth and it has any impact at all on breathing or blood circulation.
Because of this broad interpretation, the potential for charging up a normal domestic assault to a felony strangulation charge is very real. It is also important to note that a normal first time domestic assault charge which could be a misdemeanor would be heightened to a felony simply because of the kind of force used.
What are the possible consequences for a Minnesota Domestic Assault by Strangulation conviction?
If convicted of Domestic Assault by Strangulation in Minnesota, a Defendant faces:
A Felony conviction;
Up to 3 years in prison;
Up to a $5,000 fine.
How to Defend Against these Charges?
If the defense in this case is that it never happened, a strong argument can be that the evidence presented by the state simply isn’t enough to establish beyond a reasonable doubt that it did. Sometimes the best way to approach this with a jury is to go through the evidence that simply wasn’t there. Below is a bit of a laundry list of possible forensic evidence one might expect to find in a strangulation case.
What are the Signs and Symptoms of Strangulation?
As a part of any simple domestic assault investigation, the police will frequently ask if the person being investigated had their hands on the complainant’s throat. The follow up question is always, “could you breath?” If the answer is yes to both, a suspect will almost certainly be arrested and charged with Felony Domestic Assault by Strangulation. Of course, the police won’t both to assess whether the complaining witness is simply emotional, angry, frustrated, scared, revengeful, lying or worse. These answers become the basis of charge. However the real question that should be answered is what objective signs and symptoms exist for strangulation and were they noted in the police reports.
What Symptoms and Signs can be Found to Support a Strangulation?
Common symptoms of strangulation can be lumped into four categories, neurological, physical, voice and throat and voice changes and breathing changes.
Neurological symptoms
Headaches;
Dizziness;
Faintint;
Uriniation;
Defecation;
Vomiting;
Extreme weakness;
Difficulty swallowing;
Loss of memory;
Loss of consciousness;
Loss of sensation;
Physical Symptoms
Scalp
Bump to the head (losing consciousness);
Petechiae (tiny red spots or florid markings)
Abrasions.
Ears
Ringing in ears;
Abrasions;
Petechiae on earlobes;
Bruising behind ears;
Bleeding from ears.
Mouth
Cuts/abrasions;
Swollens lips;
Swollen tongue;
Bruising;
Petechiae in mouth.
Face
Petechiae;
Abrasions;
Scratch marks;
Swelling.
Chest
Abrasions;
Redness;
Chest pain;
Scratch marks;
Bruising.
Eyes or Eyelids
Petechiae on eyeballs;
Petechiae to eyelids;
Petechiae to surrounding area;
Vision changes;
Droopy eyelid.
Neck:
Redness;
Abrasions;
Scratch marks;
Bruising;
Finger impressions;
Swelling.
Voice and Throat Change Symptoms
Sore throat;
Drooling;
Nausea;
Coughing;
Clearing the throat;
Painful to swallow;
Difficulty swallowing;
Hoarse voice;
Unable to speak.
Breathing Change Symptoms
Respiratory distress;
Unable to breath;
Difficulty breathing.
“If evidence cuts another direction or a lack of evidence supports a different contention, it is critical to have an experienced criminal defense attorney by your side who knows how to weld that information.”
How do you defend against a Felony Domestic Assault by Strangulation charge?
Anyone facing Domestic assault charges including Domestic Assault by Strangulation needs to sit down with an experienced domestic assault criminal defense attorney immediately. The jail or prison is obvious but frequently it is about all of the other ramifications. These could last a lifetime.
The State has the burden to prove beyond a reasonable doubt that you committed any crime. They also have the obligation to present all of their evidence to a jury to convince them that you did this. They will need physical evidence, proof, forensics, and more in order to do this. They will also need a consistent statement from the complaining witness that this actually happened. Did the stories shift? Change? All of these factors matter.
If you are facing serious domestic assault allegations in Minnesota including Domestic Assault by Strangulation, contact Jack Rice Defense for a free confidential consultation. Jack is a former prosecutor, a Board Certified Criminal Law Specialist and a St. Paul based criminal defense attorney. Contact Jack Rice Defense for a free confidential consultation. or call 651-447-7650 or 612-227-1339