Is domestic violence strangulation a felony?

Is Domestic Violence Strangulation a Felony?

Domestic violence is a serious issue that affects millions of people worldwide. In the United States alone, an estimated one in four women and one in seven men will experience severe intimate partner physical violence in their lifetime (Centers for Disease Control and Prevention, 2020). One type of domestic violence that can have devastating and even deadly consequences is strangulation.

What is Domestic Violence Strangulation?

Domestic violence strangulation occurs when one intimate partner uses an attempt or succeeds in causing pressure to the neck of the other, thereby interfering with the victim’s airflow, breathing, or cognitive function. This can include but is not limited to: tightening someone’s clothes or scarf, squeezing their neck, or *pinching or rubbing the carotid artery (The National Coalition Against Domestic Violence, 2022).

Is Domestic Violence Strangulation a Felony?

Yes, in most states in the United States, strangulation is considered a serious offense and can be punished as a felony. A felony is a type of criminal offense that is considered more serious than a misdemeanor, carrying more severe penalties, including longer jail or prison sentences and more substantial fines (Facts.org, n.d).

Here are some of the reasons why strangulation is often classified as a felony:

• Violent and harmful nature of the offense: Strangulation is a violent act that can cause severe and sometimes permanent damage to the victim’s neck and respiratory system (National Institute of Justice, 2005).
• High risk of death: Strangulation can cause sudden loss of consciousness and even death (Centers for Disease Control and Prevention, 2015).
• Bystander witnessing and community disruption: A strangulation incident can often result in a large disturbance and disrupt the surrounding community, which may require an enhanced criminal response (Floyd et al., 2008).
• Traumatic effects on the victim: The psychological impact of being strangled by a romantic partner can have long-lasting effects on the victim, including post-traumatic stress disorder (PTSD), anxiety, depression, and self-blame (Foa et al., 1995).

Here are some notable statistics and legal precedents:

• 85% of survivors of domestic violence experienced some form of isolation by their partners, making them more vulnerable to repeated strangulation incidents (American Bar Association, 2004).
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• 43 states in the US have enacted strangulation specific legislation, criminalizing acts of strangulation and strengthening sentencing and prosecution efforts (The National Coalition Against Domestic Violence, 2022).
• 25% of homicides committed in the US in 2020 involved intimate partner strangulation, with the majority of victims being female (Centers for Disease Control and Prevention, 2022).

Laws Vary by State

While most states in the US have legislation addressing strangulation, the laws and penalties surrounding domestic violence strangulation can vary significantly between states (The National Coalition Against Domestic Violence, 2022).

Here’s a table showing the difference in classification of strangulation by state:

Keep in mind that this is not an exhaustive list and that laws may have changed since the publication of the table.