What Constitutes Felony Strangulation
Felony strangulation occurs when a person intentionally applies pressure to another person's neck in a way that restricts blood flow to the brain or air flow to the lungs. This can be done using hands, rope, belts, or other objects. The key element is that the action must be intentional and must cause or threaten to cause loss of consciousness, breathing difficulty, or bodily injury. Many states distinguish between simple strangulation and felony strangulation based on the severity of injuries or the intent behind the action.
Legal Requirements and Elements
For someone to be convicted of felony strangulation, prosecutors typically must prove that the defendant intentionally applied pressure to the victim's neck, that this action restricted blood or air flow, and that the victim suffered injury or loss of consciousness. Some states require proof of serious bodily injury, while others only require that the strangulation occurred. The prosecution must prove intent to harm or knowledge that the action would cause harm. Evidence can include injuries like bruising around the neck, witness testimony, or medical records documenting the harm caused.
State Variations
Felony strangulation laws vary significantly by state. Some states have specific statutes dedicated to strangulation, while others classify it under general assault laws. California, for example, made strangulation a standalone felony, while other states may charge it as aggravated assault or battery. Penalties differ based on factors such as whether the victim was seriously injured, whether weapons were involved, and whether there was a domestic relationship between the parties. Some states have enhanced penalties if strangulation occurs during other crimes like sexual assault or domestic violence.
Differences from Misdemeanor Strangulation
The distinction between felony and misdemeanor strangulation typically depends on the severity of injuries or circumstances. Misdemeanor strangulation may involve brief pressure without serious injury, while felony strangulation usually involves longer duration, loss of consciousness, serious injury, or strangulation committed during the commission of another crime. Many states automatically elevate strangulation to a felony if it occurs in the context of domestic violence, sexual assault, or repeated offenses.
Penalties and Consequences
Penalties for felony strangulation vary by state but typically include prison sentences ranging from 2 to 15 years, depending on the severity of injuries and circumstances. Many states impose mandatory minimum sentences for strangulation convictions. Beyond prison time, consequences may include fines, probation, restraining orders, and a felony record that affects employment, housing, and other opportunities. Some convictions may also require anger management classes or domestic violence counseling. 
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