Introduction
In Pennsylvania, the criminal charge of Strangulation is a serious offense that can lead to severe penalties and long-lasting consequences. If you or someone you know has been charged with Strangulation, it is crucial to understand the intricacies of this charge and seek experienced legal representation to protect your rights. In this blog post, we will discuss the Strangulation charge under Pennsylvania law, its elements, and the importance of having The McShane Firm on your side.
The Charge: Strangulation in Pennsylvania
Under 18 Pa.C.S. § 2718, the crime of Strangulation is defined as knowingly or intentionally impeding the breathing or circulation of the blood of another person by applying pressure to their throat or neck, or by blocking their nose and mouth. This charge is a serious matter and can be classified as a misdemeanor of the second degree or a felony of the second degree, depending on the circumstances and the presence of certain aggravating factors.
No Visible Marks Required for Arrest
It is essential to note that an arrest for Strangulation in Pennsylvania does not require visible marks or injuries consistent with strangulation. The charge can be based solely on the victim’s allegations and any other supporting evidence, such as witness statements or law enforcement observations.
Elements of the Crime
To be convicted of Strangulation in Pennsylvania, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant knowingly or intentionally impeded the victim’s breathing or blood circulation;
- The defendant applied pressure to the victim’s throat or neck, or blocked their nose and mouth;
- The victim did not consent to the defendant’s actions.
The severity of the charge and the potential penalties can be influenced by factors such as the defendant’s relationship with the victim, any history of domestic violence, and whether a protection from abuse (PFA) order was in place at the time of the incident.
Why Choose The McShane Firm?
If you have been charged with Strangulation in Pennsylvania, it is vital to have an experienced and skilled legal team on your side. The McShane Firm is dedicated to providing comprehensive and aggressive representation for clients facing such charges. Here’s why you should choose us:
- Comprehensive Investigation: The McShane Firm is committed to conducting a thorough and comprehensive investigation of the evidence and circumstances surrounding your strangulation charge. Our team will work diligently to uncover any inconsistencies in the victim’s allegations, potential witness bias, or violations of your rights during the arrest process. By meticulously examining every aspect of your case, we are better equipped to challenge the prosecution’s claims and build a strong defense on your behalf.
- Compassionate Advocacy: At The McShane Firm, we understand that facing a strangulation charge can be an emotionally challenging time for both you and your family. Our attorneys approach each case with empathy and compassion, recognizing the personal impact that these charges can have on your life. We are dedicated to guiding you through the legal process, addressing your concerns, and providing you with the support you need during this difficult time. Our commitment to compassionate advocacy ensures that you are treated with respect and dignity throughout your case. We understand that typically these charges are filed against men and the alleged victim are women. We understand the societal reality that just because you are a man and the woman cries strangulation that most people without the tiniest bit of evidence believe you are guilty. We don’t. We reject that type of thinking.
- Proven results: Our successful track record in defending clients against a wide range of criminal charges speaks for itself. We have helped numerous clients obtain favorable outcomes, whether through dismissal, acquittal, or reduced charges.
Conclusion
Facing a charge of Strangulation in Pennsylvania can be an overwhelming and stressful experience. The McShane Firm is here to help you understand your rights, navigate the legal process, and fight for the best possible outcome in your case. Contact us today to schedule a consultation and learn how our skilled legal team can assist you.
Our Clients are entitled to a Bill of Rights which states:
- 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.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
