Strangulation Charge in Virginia

June 27, 2016 by Jean Humbrecht

A strangulation charge in Virginia under Va. Code §18.2-51.6 is a serious offense.  Strangulation in Virginia 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 Strangulation Charge in Virginia

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

  • a knowing, intentional, and unlawful
  • application of pressure to someone’s neck
  • which stopped the circulation or respiration of the other person, and
  • caused a wounding or bodily injury

Knowing and Intentional: The Commonwealth must prove that the offender acted knowingly and intentionally.

Unlawful: The Commonwealth must also prove that the application of pressure to the other person’s neck was not consensual.

Applying Pressure to Someone’s Neck: To convict an offender of a strangulation charge in Virginia, the Commonwealth must also prove that the offender actually applied pressure to someone’s neck.

strangulation charge in Virginia

A Strangulation Charge in Virginia is Punished with up to 5 Years in Prison

Stopping Blood Circulation or Respiration: The Commonwealth must also prove that the application of pressure to the person’s neck stopped his circulation or respiration.

Wounding or Bodily Injury: There must also be some physical injury to the other person to convict an offender of a strangulation charge in Virginia under Va. Code §18.2-51.6.

Penalty for Strangulation Charge in Virginia

A strangulation charge in Virginia 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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