What is a Rhode Island Domestic Strangulation Charge?
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:
§ 11-5-2.3. Domestic assault by strangulation.
(a) Every person who shall make an assault or battery, or both, by strangulation, on a family or household member as defined in subsection 12-29-2(b), shall be punished by imprisonment for not more than ten (10) years.
(b) Where the provisions of “The Domestic Violence Prevention Act,” chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
(c) “Strangulation” means knowingly and intentionally impeding 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.
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, domestic strangulation 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 in Rhode Island, 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 to 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.
Your Best Defense? An Experienced and Skilled Local RI Domestic Strangulation Attorney
At the Marin & Murphy Law Firm 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.
FAQ: Rhode Island Domestic Strangulation Charges
1. What is considered domestic strangulation in Rhode Island?
Domestic strangulation is defined as intentionally impeding another person’s breathing or blood circulation by applying pressure to their neck or throat. This offense is classified as a serious felony and often occurs in domestic violence situations.
2. What are the penalties for a domestic strangulation conviction?
If convicted of domestic strangulation in Rhode Island, the penalties may include up to 10 years in prison, significant fines, probation, mandatory counseling, and the establishment of a permanent criminal record. The severity of the penalty depends on the circumstances of the case and prior convictions.
3. Can domestic strangulation charges be dismissed or reduced?
It is possible for domestic strangulation charges to be dismissed or reduced, depending on the facts of the case. Strong legal defense strategies, such as challenging the evidence or showing inconsistencies in the accuser’s testimony, can lead to a more favorable outcome.
4. What should I do if I am charged with domestic strangulation?
If you are charged with domestic strangulation, it’s important to avoid discussing the case with anyone other than your attorney and to seek legal counsel immediately. Contact Marin & Murphy Law Firm at (401) 228-8271 for a free consultation.
5. Will a domestic strangulation charge affect my ability to see my children?
A domestic strangulation charge can impact family court decisions, including custody and visitation rights. Courts may impose restraining orders or modify custody arrangements based on the severity of the charges and the circumstances involved.
6. Can I be charged with domestic strangulation if the alleged victim wasn’t injured?
Yes. Even if there are no visible injuries, you can still be charged with domestic strangulation if the prosecution can prove that you attempted to restrict the victim’s breathing or blood flow. It’s important to have an attorney review all aspects of the case to develop a strong defense.
7. What defenses are available for domestic strangulation charges?
Common defenses against domestic strangulation charges include self-defense, presidential lack of evidence, false accusations, or demonstrating that the incident didn’t meet the legal definition of strangulation. Each case is unique, and a skilled attorney will tailor your defense accordingly.
Related Resources
Explore these contextual links for more on domestic violence and related offenses in Rhode Island:
- Rhode Island Domestic Violence Lawyer – Hub page covering the full Domestic Violence Prevention Act framework.
- Rhode Island Domestic Assault Charges – Defense for misdemeanor and felony assault under § 11-5-3 and § 11-5-2.
- Domestic Disorderly Conduct – Defense for § 11-45-1 charges in domestic settings.
- Rhode Island Domestic Vandalism Charges – Defense for § 11-44-1 charges in domestic incidents.
- Violation of a No Contact Order in RI – Defense for § 12-29-4 violations.
- Rhode Island Stalking Defense Lawyer – Defense for § 11-59-2 charges.
- Restraining Order Defense Lawyer RI – Civil restraining order defense.
- Rhode Island Disorderly Conduct Charges – Non-domestic disorderly conduct defense.
