Ohio Strangulation Defense Lawyer Near You
Ohio’s legal landscape has seen recent changes in strangulation laws, making it imperative for individuals facing such charges to seek legal representation. Strangulation allegations can carry severe consequences, and the complexities of the law require a strategic defense. Hiring an experienced Ohio strangulation defense lawyer who will fight for your side of the situation like the team here at Joslyn Law Firm can make all the difference.
We believe strongly in protecting the people of Columbus who stand accused of crimes, and we have the experience and knowledge to execute this mission. Our firm has handled more than 20,000 criminal cases in Ohio.
If you are from the Columbus, Ohio, area and have been accused of strangulation, call Joslyn Law Firm today at (614) 444-1900 for a free consultation.
Understanding Ohio’s Strangulation Laws
Ohio recently made a change to their strangulation laws, introducing new legislation, Ohio Revised Code § 2903.18, that took effect on April 4, 2023, turning strangulation from a misdemeanor charge to a felony offense in the state of Ohio. A person may be charged with a second-degree, fourth-degree, or fifth-degree strangulation felony charge, depending on the severity of the harm to the individual who was strangled and the relationship between the offender and the victim. The changes to the law are an attempt to highlight the severity of strangulation and acknowledging that it can be deadly in nature.
Strangulation cases are commonly linked to domestic violence cases. According to the Domestic Violence Division of the Columbus City (Ohio) Attorney’s Office, strangulation was reported in approximately 20% of domestic violence cases in Ohio in 2018. For people who experience intimate partner violence (IPV) 68% are at risk of facing near fatal strangulation at some point during their relationship.
By reforming its strangulation laws, Ohio has taken substantial steps to address the seriousness of strangulation offenses in an attempt to protect potential victims. As a result, individuals facing such charges need a legal advocate well-versed in the intricacies of the revised law.
What Is Strangulation In The Eyes of Ohio’s Legal System?
It is important to understand what the state of Ohio considers to be strangulation. Strangulation is defined as any act done to a person that impedes the normal breathing or circulation of blood by applying pressure to the throat or neck or by covering the nose and mouth. The law states that an individual is guilty of strangulation if they cause serious physical harm or cause a substantial risk of serious physical harm to another person by means of strangulation or suffocation. Depending on the circumstances of the offense the individual may be charged with a second-degree, fourth-degree, or fifth-degree strangulation felony charge.
Penalties For Strangulation In Ohio
The new penalties for strangulation in Ohio range anywhere from 12 months to 8 years in prison. If you are convicted of strangulation, your possible penalty will be determined by whether you have been found guilty of a class 2, 3, 4, or 5 felony. A class five felony is the least severe, while a class 2 felony is the most. The breakdown of penalties for strangulation in Ohio are as follows:
- For a felony 2 strangulation is punishable from 2 to 8 years in prison
- For a felony 3 strangulation is punishable up to 36 months in prison
- For a felony 4 strangulation is punishable to 18 months
- For a felony 5 strangulation punishable up to 12 months
Depending on the seriousness level of the strangulation, and the other circumstances surrounding the case, the strangulation offense could fall into any of these felony categories.
Potential Issues With This New Felony Strangulation Statute
By changing strangulation from a misdemeanor to a felony classification, the state of Ohio has opened up a number of potential issues that could be harmful to innocent people.
- False Accusations: When it comes to domestic violence cases it is quite common for someone in the heat of the moment in anger to accuse their partner wrongly of domestic violence including strangulation. The new strangulation law makes the consequences for these false accusations far more serious to people involved in these types of cases.
- Police Error: Because of the emotionally charged nature of these types of cases in an attempt to err on the side of caution police will be more likely to charge an individual with a strangulation felony than to avoid doing so in an effort to keep potential victims safe.
- Improper Investigations: Strangulation cases can be difficult to get adequate evidence for which can lead to wrongful arrests.
The penalties involved with a felony are more significant and far-reaching than those of a misdemeanor and can result in longer prison terms of up to several years compared to a misdemeanor’s potential jail sentence of up to one year. This new strangulation law will complicate matters for those wrongly accused, and reinforces the need for retaining the services of a highly skilled criminal defense lawyer near you.
Possible Defenses in Strangulation Cases
Defending against charges related to strangulation can be complex and depends on the specific circumstances of the case. Some potential defenses for strangulation that may be considered include:
Lack of Intent – One possible defense in a strangulation case is to argue that the alleged act was accidental or unintentional. This will involve demonstrating that the accused did not have the intent to cause harm or commit an unlawful act.
Self-Defense – Many domestic violence and strangulation cases are a case of acting in self-defense. This defense argues that the defendant reasonably believed they were in danger of being harmed and used necessary force to protect themselves.
Consent – It is possible that the alleged victim actually consented to the act, and this may be used as a defense.
False Accusation – A common defense strategy is to argue that the accusation is false or fabricated. This could include presenting evidence that contradicts the alleged victim’s version of events or demonstrating a motive for making false allegations.
Inadequate Evidence – To find someone guilty of a serious felony crime like strangulation, there must be sufficient evidence against the accused. A lack of proper evidence can be used as a defense strategy and will typically involve questioning the credibility of witnesses, highlighting inconsistencies in testimonies, or disputing the reliability of forensic evidence.
Medical Evidence and Expert Testimony – In some cases, the defense may involve challenging the medical evidence presented by the prosecution. This could include questioning the cause of injuries, the timeframe of the alleged incident, or the reliability of medical examinations.
It’s crucial to understand that the effectiveness of these defenses will vary based on jurisdiction, the specific facts of the case, and the experience of your legal representation. If you are facing charges related to strangulation, it is highly recommended to consult with a qualified attorney near you to discuss the details of your case and determine the most appropriate defense strategy.
Contact An Ohio Strangulation Defense Attorney Near You
The recent changes to Ohio’s strangulation laws underscore the gravity with which the state addresses these offenses. If you or someone you know is facing strangulation charges, hiring an experienced defense lawyer is not just advisable; it is crucial. With the expertise to navigate the complex legal landscape, challenge evidence, and build a strategic defense, an Ohio strangulation defense lawyer can be the key to safeguarding your rights and achieving the best possible outcome in your case.
Contact Joslyn Law Firm today for a consultation about your strangulation charge in Columbus, Ohio. Hiring an Ohio criminal defense lawyer who has experience with these types of cases can be crucial to protecting your rights and freedoms. Our legal team will use our experience and passion for defending the rights of the accused in fighting against these charges.
Call (614) 444-1900 for a consultation about your strangulation charges in Franklin County or another Ohio county, including Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County.
