A Virginia strangulation charge under Va. Code §18.2-51.6 is considered a violent crime and is a very serious offense. This is defined under Va. Code 18.2-51.6 as the knowingly, intentionally, and unlawfully (without consent) stopping the blood circulation or respiration by applying the pressure to the neck which causes a wound or bodily injury.
Proving a Strangulation Charge
To convict the Prosecutor must prove that the offender:
- Knowingly, intentionally and without consent
- Stops blood circulation or respiration
- By applying pressure to someone’s neck
- Causing wounding or bodily injury (generally interpreted to mean visible injuries).
Knowingly and Intentionally: The Prosecutor must prove that the offender knowingly and intentionally placed pressure to the neck of the victim AND that pressure stopped the blood circulation or respiration.
Without consent: The Prosecutor must prove that the pressure to the neck was not consensual to convict an offender of a strangulation charge.
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 neck.
Causing Wounding or Bodily Injury: There must be SOME physical injury to the victim to convict. However, the injury does not have to be permanent or significant to convict.
This is a class Class 6 Felony.
- It is punished with 1-5 years in prison and
- a fine up to $2,500.
- It can also be punished with up to 12 months in jail and a fine of up $2,500
Virginia Code 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.