Strangulation and suffocation is a felony in Wisconsin. Contact Van Severen Law Office, S.C. for help at (414) 270-0202
At Van Severen Law Office, S.C. our Wisconsin criminal defense attorneys regularly represent individuals facing strangulation and suffocation charges. We’ve worked on cases that involved simple fights, domestic violence situations, bar fights, and numerous other altercations that resulted in this felony criminal charge. No matter how complex or simple your situation is, we’re equipped to fight it.
Strangulation and suffocation is a Class H felony in Wisconsin. The maximum penalty for all Class H felonies is 6 years in prison, $10,000.00 in fines, or both. The six year prison sentence is bifurcated, meaning it breaks down into a term of initial confinement and a term of extended supervision. The maximum term of initial confinement (time actually spent in prison) is 3 years, followed by a maximum term of extended supervision of 3 years.
Individuals previously convicted of a crime of violence, or a previous conviction for strangulation and suffocation, face a higher maximum penalty. Repeaters will be charged with a Class G felony, punishable by up to 10 years in prison and $25,000.00 in fines, or both. The maximum term of initial confinement for a Class G felony is 5 years, followed by a maximum term of extended supervision of 5 years.
Cops frequently ask alleged victims whether the defendant made any contact with the victim’s mouth, nose, or neck during the relevant physical altercation. The purpose of this questioning is to elicit a factual basis to charge the defendant with strangulation/suffocation. A simple battery turns into a felony charge if the cops can show that the defendant constricted the flow of the blood or breath of the victim. This puts the defendant in a more difficult position: would you rather face a charge with a potential maximum penalty of 6 years in prison? Or 9 months jail?
What is strangulation and suffocation? Wis. Stat. 940.235
“Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person is guilty of a Class H felony. Whoever violates [this section] is guilty of a Class G felony if the actor has a previous conviction under this section or a previous conviction for violent crime…”
The title of this law is a little misleading. The defendant does not need to choke the victim unconscious or to death in order to face charges. The bar is much lower than that.
The defendant’s actions simply need to cause any impediment to normal breathing. If I pinch your nose right now, as you’re reading this, you won’t be able to breathe as efficiently as you did previously. My action is certainly “intentionally impeding” your normal breathing. Should this decision result in me becoming a felon again? We don’t think so. Obviously people don’t usually pinch noses in bar fights, and this is an extreme example, but we’ve met unreasonable cops and prosecutors that would gladly write up felony charge for this kind of conduct.
But how can prosecutors show I actually disrupted the breathing or circulation of blood?
This can be confusing. How can the government show impediment of normal breathing or circulation of blood? They frequently solve this issue through police questioning. And they often use leading questions. For example, rather than asking what happened in the situation, a police officer may ask whether the defendant’s actions caused the victim to have a hard time breathing. Suddenly the victim comes up with a new idea: he choked me. That develops into a strangulation charge.
Second, focusing on breathing, rather than blood, makes the case easier for prosecutors. We know when we can’t breathe. But we don’t always know when our circulation of blood changes.
What are the elements of strangulation and suffocation?
In order to sustain a conviction against the defendant, prosecutors must prove various elements beyond a reasonable doubt. Wisconsin Criminal Jury Instruction 1255 provides us the elements of strangulation/suffocation. They’re as follows:
Firstly, the defendant impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim;
Secondly, the defendant did so intentionally.
The defendant’s actions must be intentional. To prove that, the government must show that the defendant acted with the mental purpose to impede normal breathing or circulation of blood. The defendant must be aware that his actions were practically certain to cause that result. Jurors aren’t asked to look into the defendant’s mind. Intent must be found, if at all, from the defendant’s actions, words, and statements, if any, and from all the facts and circumstances in this case bearing upon intent.
What is the “violent” crime in Wis. Stat. 940.235(2)?
Remember – strangulation/suffocation charges move from a Class H to a Class G felony in a two circumstances: the defendant has a prior strangulation/suffocation charge, or if he’s been convicted of any other violation crime. Section 939.632(1)(e)1 of the Wisconsin Statutes, for this purpose, defines violent crimes. Accordingly, that section lists 34 felonies considered violent crimes.
Strangulation and suffocation is a felony in Wisconsin. Simply grabbing someone by the mouth, nose, or neck is likely enough to be charged with this offense. Contact Van Severen Law Office, S.C. at (414) 270-0202 to speak with an of our Milwaukee criminal defense lawyers.
Van Severen Law Office, S.C. provides strangulation and suffocation defense.
We think that hiring the right Wisconsin criminal defense lawyer is incredibly important. But we think it’s even more important when you’re facing tough, felony-level criminal charges. As we’ve established, there are two penalty levels to strangulation and suffocation in Wisconsin. If you’re a repeater, the maximum penalty is a decade-long sentence.
Our criminal defense lawyers have fought these charges and we know what’s at stake. Looking for a trial? We’ve won. Simply looking to get the best plea deal for your case? We’re expert negotiators. No matter the route you’re looking to take in your criminal case, we can help.
Contact Van Severen Law Office, S.C. 24/7/365 at (414) 270-0202. We offer free consultations to potential clients and look forward to discussing your case with you.
