What Makes a Strangulation Charge a Felony in Pennsylvania?

Most people assume strangulation would be charged as a misdemeanor — after all, it sounds like something that would need to cause serious injury, right? Not in Pennsylvania. In fact, under 18 Pa.C.S. § 2718, strangulation is often charged as a felony, even without any physical injury. And that’s where people get blindsided.

The baseline charge for strangulation is a misdemeanor of the second degree. But it jumps to a felony of the second degree in some of the most common real-life situations — particularly domestic disputes.

Here’s when a strangulation charge becomes a felony in PA:

• The alleged victim is a family or household member (as defined by PA’s Protection from Abuse Act)
• The alleged victim is a care-dependent person, and the accused is a caretaker 
• The offense is connected to sexual violence, human trafficking, or stalking 

It gets even more serious: The charge becomes a felony of the first degree — the same level as some homicide charges — if:

• There’s an active PFA or sexual violence protection order involving the same alleged victim
• The accused used an instrument of crime 
• The accused has a prior strangulation conviction 

These enhancements can mean 10 to 20 years in prison, depending on your record and how the DA charges it.

Police often default to charging strangulation as a felony just to be safe — even when the facts don’t truly justify it. That means you could be facing prison time, loss of firearm rights, and a permanent felony record based on flimsy or exaggerated claims.

At The McShane Firm, we know the law inside and out. We dig into the facts, challenge inflated charges, and push back hard against overzealous prosecutions. Don’t wait for the system to “figure it out.” We fight smart. We fight fast. Call us now.