Colorado Springs Strangulation Defense Attorneys
How Does the State Define Strangulation?
The Colorado state defines strangulation as applying significant pressure on another party's neck, nose, or mouth to restrict or block blood circulation or breathing, causing bodily injury. If arrested for a strangulation crime of an alleged victim, seeking legal counsel is advisable as the Colorado prosecutors take such cases seriously, aiming at convicting the alleged offenders. At The Bussey Law Firm, P.C., we will help you in your defense to ensure you get justice. Call us at (719) 475-2555 to schedule your free consultation.
Strangulation Case Results
- Class 4 Felony Assault (Strangulation) - No Felony Conviction, No Jail Time, No Record
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When Is Strangulation a Felony?
Generally, you can face felony or misdemeanor charges depending on your case circumstances. The Colorado state is considering an upgrade of strangulation to a felony conviction with or without bodily injuries in domestic cases. As such, strangulation will be treated as a first- or second-degree crime. The basis of this law is that choking precedes serious bodily injuries or eventual death. The courts will view the defendant’s hands as deadly weapons, charging the case as a violent crime.
While the state of Colorado does not tolerate domestic violence, the new law on strangulation becoming a felony could worsen the false domestic allegations. The new law lowers the threshold of proof and could cause most falsely accused persons, especially stronger individuals, to be arrested and convicted.
The new law of strangulation as a felony will also require questionable expert testament at trial where physical evidence is missing in the case. Generally, scratches and marks on the victim are the main pieces of evidence, and where they do not exist, the proof of strangulation is no longer easy. Hence, for a defendant to be convicted of strangulation as a felony, touching the alleged victim should come out as intended strangulation, and the state must prove that they intended to strangle the victim.
On the other hand, strangulation will not be a felony under the following circumstances:
- Self-defense against attack by the alleged victim
- Injuries resulted from an unintentional accident
- False allegations with a motive to lie
- It is impossible to prove the case beyond reasonable doubt
- Consent to the action can be asserted as an affirmative defense at trial
- The injury resulted from mutual violence
- There was no intentional touching
What Charges Are You Likely to Receive?
If charged with strangulation in Colorado Springs, the consequences can be devastating. Potential penalties for strangulation include the following:
- Immediate arrest and prosecution
- Restraining order after arrest
- Prohibition on dropping the charges
Strangulation will also cause personal consequences, including:
- Loss of employment and ability to secure one in the future
- Loss of professional licensure
- Loss of reputation
- Loss of child custody
- Loss of the right to own a firearm
- Compulsory attendance to behavior modification program
What Are Common Defenses? How Else Can a Colorado Springs Lawyer Help You?
If you are facing a strangulation charge, you need an experienced Colorado Springs strangulation defense lawyer to defend you against the violence charges. These charges include:
- The defendant acted in self-defense against the alleged victim
- The incident was unintentional
- The alleged victim made up false allegations against the defendant
- The case cannot be proved beyond a reasonable doubt.
In some instances, law enforcement may miss out on a thorough investigation beyond the first contact with the alleged victim. Also, law enforcement may fail on the psychological assessment of the accuser, including whether they are intoxicated, mentally ill, or under drug influence. Hiring an experienced Colorado Springs violent crime attorney to represent you in such cases will fill the above gaps and reveal ill motives depending on the consistency of the alleged victim’s story.
If you are involved in a strangulation case in Colorado, our team of dedicated and highly experienced criminal defense attorneys at The Bussey Law Firm, P.C. are here to help. Schedule your consultation appointment by calling (719) 475-2555 today.
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