Fairfax Strangulation
January 28, 2018 by Jean Humbrecht
A Fairfax strangulation charge (Va. Code §18.2-51.6) is a serious offense. Strangulation in Fairfax is knowingly, intentionally, and unlawfully stopping the blood circulation or respiration of another person by applying pressure to the person’s neck.
Proof of Fairfax Strangulation
To convict an offender of a Fairfax strangulation charge, the Commonwealth must prove that an offender:
- knowingly, intentionally, and unlawfully
- applied pressure to someone’s neck
- which stopped the circulation or respiration of the other person, and
- caused a wounding or bodily injury
Knowingly and Intentionally: The Commonwealth must prove that the offender knowingly and intentionally applied pressure to the neck of another person.
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 Fairfax strangulation charge, the Commonwealth must 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 circulation or respiration of the victim.
Causing Wounding or Bodily Injury: There must also be some physical injury to the victim to convict an offender of a strangulation charge in Fairfax under Va. Code §18.2-51.6.
Penalty for Fairfax Strangulation Charge
A Fairfax strangulation charge is a Class 6 felony. It is punished with up to 5 years in prison and a fine up to $2,500.