Strangulation and Suffocation Defense Lawyer in Wisconsin
Charged with Strangulation and Suffocation under Wis. Stat. § 940.235? Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Strangulation and Suffocation in Wisconsin
Under Wis. Stat. § 940.235, a person commits Strangulation and Suffocation when they intentionally impede another person’s normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the person’s nose or mouth.
These cases often turn on intent, the nature of the contact, and whether the alleged conduct actually impeded breathing or circulation. Physical injury is not required, and many cases are charged based primarily on statements rather than medical findings.
What the State Must Prove in Strangulation and Suffocation Cases
To convict someone of Strangulation or Suffocation under Wis. Stat. § 940.235, the State must prove each of the following elements beyond a reasonable doubt:
- The defendant impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth.
- The defendant acted intentionally.
The statute does not require proof of visible injury, loss of consciousness, or medical corroboration. The focus is on whether breathing or circulation was impeded and whether the defendant intended that result.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1255 Strangulation and Suffocation.
Penalties and Sentencing for Strangulation and Suffocation in Wisconsin
Strangulation and Suffocation under Wis. Stat. § 940.235 is a felony offense, with penalties that increase based on prior convictions and criminal history.
|
Offense |
Classification |
Maximum Penalty |
|---|---|---|
|
Strangulation / Suffocation (first offense) |
Class H Felony |
6 years prison + $10,000 fine |
|
Strangulation / Suffocation (with prior violent-crime conviction) |
Class G Felony |
10 years prison + $25,000 fine |
In addition to confinement and fines, convictions frequently carry a domestic-abuse designation, no-contact orders, and lifetime firearm prohibitions. Sentencing courts commonly evaluate the nature of the alleged contact, the relationship between the parties, any claimed injury or loss of breath, and the defendant’s prior record when determining probation or incarceration.
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Common Scenarios in Wisconsin Strangulation and Suffocation Cases
Strangulation and suffocation charges are frequently filed in emotionally charged situations where physical contact is later characterized as impeding breathing or circulation. Many cases involve disputed accounts and limited physical evidence.
- Domestic or dating disputes involving brief or alleged pressure to the neck
- Altercations where the contact was defensive or accidental
- Disputed claims made after verbal or intoxicated arguments
- Allegations without visible injury or medical documentation
- Cases overlapping with Battery, Disorderly Conduct, or False Imprisonment
Whether conduct meets the statutory definition often depends on context, intent, and credibility rather than objective medical findings.
Defenses and Legal Strategies for Strangulation and Suffocation
Defending strangulation and suffocation charges often centers on intent, the nature of the contact, and whether breathing or circulation was actually impeded. Many cases rely heavily on statements rather than physical or medical evidence.
Common defense strategies include:
Early review of body-camera footage, medical records, and witness statements is often critical to evaluating and defending these allegations.
View some of our attorney’s violent crime case results: Criminal Defense Case Results.
Why Hiring a Strangulation and Suffocation Lawyer Matters
Strangulation and suffocation charges are often filed based on allegations of brief physical contact and can proceed even without visible injury or medical confirmation. These cases frequently hinge on intent, credibility, and how law enforcement and prosecutors interpret emotionally charged situations.
Contact Chirafisi Anderson, S.C.
Strangulation and Suffocation charges carry serious criminal penalties and long-term collateral consequences, even when there is little or no physical evidence. These cases often turn on intent, credibility, and how brief physical contact is interpreted by law enforcement and prosecutors.
Chirafisi Anderson, S.C. represents individuals charged with Strangulation and Suffocation and related violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.