One of the most frustrating parts of being charged with strangulation in Pennsylvania is this: intent doesn’t always matter as much as you think it should. You can end up facing serious charges — even a felony — for what you thought was accidental or harmless contact.
Pennsylvania law defines strangulation under 18 Pa.C.S. § 2718 as “knowingly or intentionally” impeding someone’s breathing or blood flow by applying pressure to the throat or neck or by blocking the nose and mouth. On paper, that sounds like it would require a very clear, deliberate act. But in reality, that’s not always how it plays out.
In domestic arguments, where people are moving around, yelling, or physically trying to separate from one another, accidental contact happens all the time. You may have reached to stop someone from hitting you or grabbed someone during an emotional moment. But if that contact was near the neck, police might still interpret it as strangulation — especially if there’s a domestic element involved.
Worse, the law does not require any physical injury, and the absence of injury is not a defense. That means even if there are no marks, bruises, or medical evidence, you can still be charged — and prosecuted.
These are high-stakes cases. A conviction could mean a felony record, years in prison, and lifelong consequences — even if you had no intention of hurting anyone.
At The McShane Firm, we know how to defend against overblown and inaccurate allegations. We dig deep into the facts, cross-examine the accuser’s version of events, and make sure the truth comes out. Don’t let an accident become a criminal record. We’re here to fight for you — 24/7.
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- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
