Oftentimes, assault charges, or crimes, are in connection with family violence. If there is some form of violence within a family, an individual may be charged with Domestic Violence (or domestic assault). Domestic Violence is a misdemeanor punishable by up to 93 days in jail. If you have been previously convicted of domestic violence you may be charged with “Second offense” domestic violence, which is also a misdemeanor but is punishable by up to 1 year in jail. A third or subsequent domestic violence offense is generally charged as a felony and is punishable by up to 5 years in prison.
Even further, there is a newer form of Domestic Violence known as assault with strangulation. The assault with strangulation statute reads:
750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct.
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with the intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, “strangulation or suffocation” means 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.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
This statute defines strangulation as intentionally impeding the breathing of another person. Oftentimes, prosecutors will charge this offense if any contact is made with the neck. However, just because the prosecutor’s office has charged you with this offense does not mean that they can convict you of it. Many people who simply placed their hand on another’s neck find themselves facing this 10-year felony and being overcharged.
Many cases involve false allegations and exaggerated accusations. It is important to choose an attorney that can create a strategy to defend against these claims and get to the truth of the matter. Our experienced Grand Rapids defense attorneys can discuss the possible strategies in handling these cases and obtaining a cost-effective and satisfactory result. Domestic Violence cases at any level carry serious life-altering consequences. A diligent aggressive attorney can help defend you and often times get the charges reduced or even dropped.
Each case requires its own care, strategy, and planning. We pride ourselves on being able to tailor your defense, to your case. Call us today for a consultation to see how our criminal defense attorneys can assist you.