Have you been arrested and charged with domestic strangulation in Rhode Island? We understand that you are likely frightened and looking for answers. Fortunately, you have come to the right place because we can help! We have helped hundreds of clients facing domestic violence charges, including many facing the charge of domestic assault by strangulation. Please review the information below and contact us to schedule a no obligation consultation and case evaluation. We are available 24/7 via the contact form to the right or by phone at 401-228-8271.
What is Domestic Strangulation?
In June of 2012, Rhode Island Governor Lincoln Chafee signed into law the so-called "Anti-Domestic Strangulation" Bill which is now codified in Rhode Island General Law 11-5-2.3. The full text of the law can be found below:
As you can see from the text of the law, the law defines "domestic strangulation" as the knowing and intentional impeding of the normal breathing 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. Most people typically refer to this as "choking," but choking technically means impeding the airway because something is stuck in the throat or otherwise impeding the airway from the inside.
The coalition of organizations combating domestic violence pushed for the Rhode Island domestic violence laws to punish strangulation more severely. This was partly due to the fact that strangulation can be extremely dangerous and is frequently fatal. Previously, these charges were brought by the police as misdemeanor domestic assault and battery charges carrying a maximum penalty of one year in jail.
What are the penalties for a Domestic Strangulation Charge in Rhode Island?
Due to the serious nature of this felony charge, the penalties for domestic assault by strangulation in Rhode Island are severe. The charge carries a maximum jail sentence of ten years. In our experience, these cases often carry jail sentences even for first time offenders. In addition to a jail sentence, the charges can carry lengthy probationary sentences, a no contact order with the alleged victim, and mandatory attendance at a batterers intervention program. If convicted of domestic strangulation, an individual would become "convicted" of a felony domestic offense and be prohibited from possessing, owning, or carrying firearms or ammunition by federal law. Additionally, one would have to deal with the public stigma of a record for domestic strangulation.
How can you fight Rhode Island Domestic Strangulation Charges?
As an experienced Rhode Island domestic violence defense lawyer, we use proven strategies and techniques to fight for our clients facing domestic strangulation charges. Depending on the circumstances of the case, we use the facts of the case and the physical evidence available to us to contradict and discredit the statements and testimony from the complaining witness and police. In other cases, we look cooperate with the "alleged" victim in the case to hinder the State's ability to prosecute the charges. After our initial meeting, we will develop a strategy or plan of attack which we will put into place to fight and defeat the charges you are facing.
At the Law Offices of Matthew T. Marin, Esq., Inc, we have assisted hundreds of clients facing Rhode Island domestic violence charges and many fighting charges of domestic assault by strangulation. We are ready and prepared to put our proven and tested defense strategies in effect to fight your case and achieve the best outcome possible for you. Give us a call now at 401-228-8271 or complete our contact form above.