Strangulation Charges in Pennsylvania Domestic Disputes: Why It is a Felony and How to Defend It

The Severe Nature of Strangulation Charges in Pennsylvania

In the past, choking allegations during a domestic dispute in Pennsylvania were often charged as simple assault, which is a misdemeanor. However, the law has changed drastically to protect victims of domestic violence. Today, under 18 Pa.C.S. § 2718, strangulation is classified as a distinct and severe felony crime. If you are facing this charge in Philadelphia, Pittsburgh, or Allentown, you are looking at life-altering consequences. Prosecutors aggressively pursue these cases, and courts view them as major indicators of future lethal violence. Understanding the legal landscape is the first step in defending your freedom.

Legal Definition of Strangulation vs. Simple Assault in PA

Under Pennsylvania law, simple assault (18 Pa.C.S. § 2701) involves attempting to cause or intentionally causing bodily injury to another. Strangulation, however, is much more specific. It occurs when a person knowingly or intentionally impedes the breathing or circulation of the blood of another person by applying pressure to the throat or neck, or by blocking the nose and mouth. Because strangulation carries a high risk of death, it is automatically charged as a second-degree felony when committed against a family or household member. This carries a potential penalty of up to 10 years in prison and a $25,000 fine.

Defending Against Lack of Physical Marks or Bruising

A common misconception is that if the accuser has no bruises or physical marks on their neck, the prosecution cannot prove strangulation. This is false. Pennsylvania law explicitly states that the infliction of physical injury to a victim shall not be an element of the offense. As demonstrated in the precedent Commonwealth v. Horlick, 296 A.3d 60 (PA Superior Court 2023), a victim's testimony alone, stating that their airway was blocked for even a few seconds, can be enough for a jury to convict. Your defense must focus on challenging the credibility of the accuser and presenting contradictory evidence.

Self-Defense Claims in Choking Allegations

Self-defense is a valid legal argument in Pennsylvania if you reasonably believed you were in immediate danger of unlawful force. If an argument escalated and the other party attacked you first, restraining them to protect yourself might be justified. However, the force you use must be proportionate to the threat. Claiming self-defense requires careful legal maneuvering, and it is highly recommended to hire an experienced criminal defense lawyer from our directory to present this defense properly before a judge or jury.

Mandatory Bail Conditions and No-Contact Orders

If you are arrested for domestic strangulation, your immediate concern will be bail. In Pennsylvania, judges routinely impose strict bail conditions for domestic violence felonies. When you are arraigned at the Allegheny County Court of Common Pleas, Pittsburgh or the Philadelphia Municipal Court, Philadelphia, the judge will almost certainly issue a mandatory no-contact order. This means you cannot text, call, or live with the accuser, even if you own the home. Violating this condition will result in your bail being revoked and immediate incarceration.

Step-by-Step Process for Defending Your Case

Navigating the Pennsylvania criminal justice system requires a calculated approach. Whether your case is handled at the Dauphin County Court of Common Pleas, Harrisburg or the Lehigh County Court of Common Pleas, Allentown, these are the general steps to follow.

Step 1: Comply with the No-Contact Order

Do not communicate with the accuser under any circumstances. Even if they reach out to you and apologize, responding is a violation of your bail conditions. Let your attorney handle all communications.

Step 2: Request the Discovery Materials

Your lawyer will file formal requests with the local District Attorney to obtain all evidence against you. This includes police reports, 911 audio recordings, medical records, and police bodycam footage. Finding inconsistencies in the accuser's story during the initial police interview is crucial.

Step 3: The Preliminary Hearing

In Pennsylvania, you have the right to a preliminary hearing before a Magisterial District Judge. The prosecutor must prove there is enough evidence to send the case to the Court of Common Pleas. This is a critical opportunity for your lawyer to cross-examine the accuser and potentially get the felony strangulation charge downgraded to a misdemeanor simple assault.

Step 4: Trial or Plea Negotiation

If the case is not dismissed, your attorney will negotiate with the prosecutor. If a favorable plea deal is not offered, the case will proceed to trial where a jury will decide your fate based on the evidence presented.

How Much Does a Defense Attorney Cost in PA?

Defending against a felony strangulation charge is complex and requires significant resources.

How Long Does the Process Take?

A felony domestic violence case in Pennsylvania is rarely resolved quickly. From the night of the arrest to a final jury trial, the process can take anywhere from 6 to 18 months. The strict no-contact order will usually remain in effect for the entire duration of the case.

Frequently Asked Questions (FAQ)