In June of 2012, Governor Lincoln Chafee signed into law the so-called "Domestic Anti-Strangulation" bill calling for significant enhanced penalties for those convicted of domestic assault by strangulation. The bill was championed by domestic violence advocates and heralded as one step closer to ending domestic violence in Rhode Island. In the six years prior to the passage of the law in Rhode Island, over 30 other states had adopted similar domestic assault by strangulation bills. Domestic assault by strangulation is one of the most serious criminal offenses that one can be charged with in the State of Rhode Island. It is vital that you seek the representation of a skilled and experienced Rhode Island Domestic Violence Lawyer if you have been charged with domestic assault by strangulation. Attorney Matthew Marin is available to speak with you 24/7 at our office phone 401-228-8271 or email [email protected].
What are Domestic Strangulation Charges in Rhode Island?
Domestic assault by strangulation refers to an assault and battery committed on a household or family member by knowingly and intentionally impeding normal breathing or or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm. The Rhode Island statute governing domestic strangulation charges, R.I.G.L. Section 11-5-2.3, can be found here:http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-5/11-5-2.3.HTM
What are the penalties for Domestic Strangulation Charges in Rhode Island?
The penalties for domestic assault by strangulation in Rhode Island are extremely severe. Prior to the passage of the Anti-Strangulation bill, an individual alleged to have assaulted a family or household member in the manner prohibited by the statute would typically face a misdemeanor simple domestic assault and battery charge which carries up to one year in jail, but where jail is highly unlikely for first time offenders. That same allegation now subjects the offender to UP TO 10 YEARS IN JAIL and a FELONY CRIMINAL CONVICTION. Facing a possible 10 year jail sentence and a felony criminal conviction, these serious charges require a serious criminal defense strategy.
Can I fight my Rhode Island Domestic Assault by Strangulation Charges?
Being charged with domestic strangulation does not mean that you will be convicted and that you will go to jail. At the Law Offices of Matthew T. Marin, Esquire, Inc., we represent individuals charged with all types of criminal and domestic violence charges including domestic assault by strangulation. Many of the defenses available to us in other criminal and domestic violence charges can be raised in the domestic strangulation case including self-defense, attacking the credibility of the complaining witness, and attacking poor and inept police work. However, given the serious nature of the charges anyone facing these charges should immediately contact an experienced and aggressive Rhode Island Domestic Violence Lawyer to begin formulating a domestic violence defense strategy.