Strangulation in Virginia
October 21, 2017 by Jean Humbrecht
Strangulation in Virginia 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 a person’s circulation or respiration by applying pressure to the person’s neck and causing a wound or bodily injury.
Proof of Strangulation in Virginia
To convict an offender of strangulation in Virginia under Va. Code §18.2-51.6, the Commonwealth must prove:
- a knowing, intentional, and unlawful
- application of pressure to another person’s neck
- which stopped the person’s blood circulation or respiration, and
- caused a wounding or bodily injury
Knowing and Intentional: The Commonwealth must prove that the offender knowingly and intentionally applied pressure to the neck of another person. The Commonwealth must also prove that the application of pressure to the neck was unlawful (not consensual).
Stopping Blood Circulation or Respiration: There must be proof that the offender stopped the blood circulation or respiration of the other person by the application of pressure to his neck.
Application of Pressure: The Commonwealth must also prove that the offender actually applied pressure to the person’s neck.
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.
Penalty for Strangulation in Virginia
Strangulation in Virginia is a Class 6 felony. It is punished with up to 5 years in prison and a fine up to $2,500.