Strangulation is typically charged as a second-degree felony in Pennsylvania, which carries serious potential penalties. However, the charge initially filed by police is not always the final outcome of the case.
Depending on the facts and evidence, it may be possible for a strangulation charge to be reduced to a lesser offense.
Several factors may influence whether a reduction is possible, including:
- The strength of the prosecution’s evidence
- Whether there are visible injuries
- Medical findings or lack of medical documentation
- Statements made by witnesses
- The defendant’s prior criminal history
Many strangulation cases arise during arguments where the events happen quickly and emotions are high. In some situations, police may interpret contact with the neck, collarbone, or upper chest as strangulation even when the evidence about breathing restriction is unclear.
If the evidence does not clearly show that breathing or blood circulation was impeded, prosecutors may consider lesser charges such as:
- Simple assault
- Harassment
- Disorderly conduct
Each case is different, and the outcome depends on the specific facts and evidence involved.
A careful analysis of the police reports, body camera footage, photographs, and medical records often plays an important role in determining whether the felony charge can be challenged or reduced.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
