A Virginia strangulation charge under Va. Code §18.2-51.6 is considered a violent crime and is a very serious offense. Strangulation in Virginia under Va. Code §18.2-51.6 is knowingly, intentionally, and unlawfully (without consent) stopping the blood circulation or respiration by applying pressure to someone’s neck, causing a wound or bodily injury.
Proof of Virginia Strangulation Charge
To convict an offender of a Virginia strangulation charge under Va. Code §18.2-51.6, the Commonwealth must prove that an offender:
- knowingly, intentionally and without consent
- stops blood circulation or respiration
- by applying pressure to someone’s neck
- causing wounding or bodily injury
Knowingly and Intentionally: The Commonwealth must prove that the offender knowingly and intentionally applied pressure to the neck of the victim and that pressure stopped blood circulation or respiration.
Without Consent: The Commonwealth must also prove that the application of pressure to the neck was not consensual to convict an offender of a Virginia strangulation charge under Va. Code §18.2-51.6.
Stopping Blood Circulation or Respiration: There must be proof that the offender stopped blood circulation or respiration of the victim by applying pressure to the victim’s neck.
Applying Pressure to Someone’s Neck: The Commonwealth must also prove that the offender actually applied pressure to someone’s neck and that pressure caused a wounding or bodily injury.
Causing Wounding or Bodily Injury: There must be some physical injury to the victim to convict an offender of a Virginia strangulation charge under Va. Code §18.2-51.6. However, the injury does not need to be significant or permanent to convict an offender of strangulation in Virginia.
Penalty for Virginia Strangulation Under §18.2-51.6
Strangulation in Virginia is a Class 6 felony. It is punished with 1-5 years in prison and a fine up to $2500. It can also be punished with up to 12 months in jail and a fine up to $2500.
Virginia Strangulation Statute §18.2-51.6
§18.2-51.6. Strangulation of another; penalty.