Fairfax Strangulation Charge

December 12, 2016 by Jean Humbrecht

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

Proof of Fairfax Strangulation Charge
Fairfax strangulation charge

A Fairfax Strangulation Charge is a Class 6 Felony

To convict an offender of a Fairfax 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 circulation or respiration of another 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 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 circulation or respiration of the victim.

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

Penalty for Fairfax Strangulation Charge

A Fairfax strangulation charge is a Class 6 felony, 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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