The criminal defense attorneys at Meyer Van Severen, S.C. aggressively defend individuals facing strangulation and suffocation charges. Our top Wisconsin criminal defense attorneys, including Matthew R. Meyer and Benjamin T. Van Severen have defended hundreds of defendants facing criminal charges just like these. It’s our opinion that in order to successfully defend any criminal charge, that your defense attorney must be ready to proceed to trial. Our aggressive defense attorneys are frequently in trial fighting for the rights of their clients.
Law enforcement officers frequently ask alleged victims whether the defendant made any contact with the victim’s mouth, nose, and neck during the incident. 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.
Section 940.235 of the Wisconsin Statutes reads:
“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…”
Strangulation and suffocation does not require that the victim be choked unconscious. Often this crime is charged after a fight includes an individual grabbing the other by the neck.
This can be confusing. How can the government show that normal breathing or circulation of blood was impeded? The answer to this question is sometimes resolved when the police ask the victim 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. Where a victim may have not considered this before, all of a sudden it’s being suggested by police. Focusing on breathing, rather than blood, makes the case easier to prove for the government.
Strangulation and suffocation cases are commonly charged with domestic violence enhancers. This crime is a felony. When the case involves domestic violence it becomes even more serious.
Criminal defense lawyers Meyer and Van Severen have defended strangulation cases. We have also succeeded in getting strangulation cases dismissed the day of trial. Criminal defense law firm Meyer Van Severen, S.C. provides aggressive, intelligent criminal defense to all criminal cases.
It’s very easy to be very quickly looking at felony charges. And as you’re aware, a felony conviction carries with it serious lifelong collateral consequences. Having a Milwaukee criminal defense attorney on your side certainly helps the situation. Contact Milwaukee defense firm Meyer Van Severen, S.C. if you need strangulation and suffocation defense, or defense to any other crime. Our defense lawyers have helped other individuals facing this very charge and can help you. Our law firm can be reached 24/7 at (414) 270-0202.