Strangulation Charge in Fairfax

July 1, 2019 by Jean Humbrecht

A strangulation charge in Fairfax 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 which resulted in a wounding or bodily injury.

Proof of Strangulation Charge in Fairfax
strangulation charge in Fairfax

A Fairfax Strangulation Charge is a Felony

To convict an offender of a strangulation charge in Fairfax under Va. Code §18.2-51.6, the Commonwealth must prove that an offender:

  • knowingly, intentionally and without consent
  • stopped the blood circulation or respiration of another person
  • by applying pressure to the person’s neck
  • which caused a wounding or bodily injury

Knowingly and Intentionally: The Commonwealth must prove that the offender knowingly and intentionally applied pressure to another person’s neck.

Without Consent: The Commonwealth must also prove that the application of pressure to the neck was not consensual.

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 to convict an offender of a strangulation charge in Fairfax.

Applying Pressure to Someone’s Neck: The Commonwealth must also prove that the offender actually applied pressure to someone’s neck.

Causing Wounding or Bodily Injury: There must also be physical injury to the victim to convict an offender of a strangulation charge in Fairfax under Va. Code §18.2-51.6.  However, the injury does not need to be significant or permanent to convict an offender of a strangulation charge in Fairfax.

Penalty for Strangulation Charge in Fairfax

A strangulation charge in Fairfax 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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