Virginia Strangulation Charge

July 22, 2018 by Jean Humbrecht

A Virginia strangulation charge under Va. Code §18.2-51.6 is a serious offense.  Strangulation in Virginia under Va. Code §18.2-51.6 is knowingly, intentionally, and unlawfully stopping the circulation or respiration of another person by applying pressure to the person’s neck and causing a wound or bodily injury.

Proof of Virginia Strangulation Charge
Virginia strangulation charge

A Virginia Strangulation Charge is Punished with up to 5 Years in Prison

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 unlawfully
  • applied pressure to someone’s neck
  • which stopped the person’s circulation or respiration, and
  • caused a wounding or bodily injury

Knowingly and Intentionally: The Commonwealth must prove that the offender acted knowingly and intentionally.

Unlawfully: The Commonwealth must also prove that the application of pressure to the neck was not consensual.

Applying Pressure to Someone’s Neck: To convict an offender of a Virginia strangulation charge, the Commonwealth must also prove that the offender actually applied pressure to someone’s neck.

Stopping Blood Circulation or Respiration: The Commonwealth must also prove that the application of pressure to the neck stopped the person’s circulation or respiration.

Causing Wounding or Bodily Injury: There must also be some sort of injury to the other person to convict an offender of a Virginia strangulation charge under Va. Code §18.2-51.6.

Penalty for Virginia Strangulation Charge

A Virginia strangulation charge is a Class 6 felony.  It is punished with up to 5 years in prison and a fine up to $2,500.

Virginia Strangulation Statute §18.2-51.6

§18.2-51.6. Strangulation of another; penalty.

Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.

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