Strangulation

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.

Virginia strangulationProof 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.

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.

Call Your Virginia Criminal Defense Lawyer Today
A Virginia strangulation charge is a serious offense.  It is a violent felony, and a conviction can never be expunged in Virginia. Additionally, a conviction will not only result in a permanent criminal record, but a permanent felony record.  Convicted felons are not able to vote, own a gun, and a conviction may result in loss of employment or educational opportunities.  If you have been accused of a Virginia strangulation charge, consult a Virginia criminal defense attorney immediately.