Domestic violence charges may follow conflicts that turn physical. Particularly when disputes arise between intimate partners, people may behave in aggressive manners toward one another.
In some cases, the state may choose to prosecute one of the people involved, even if the other party doesn’t choose to press charges. Certain aggravating factors can potentially increase the risk of domestic violence charges or the severity of the penalties imposed by the courts.
If witnesses or police officers see one person strangling another, how could that conduct impact the charges that follow?
California doesn’t have a strangulation statute
Several states have adopted special statutes that specifically address strangulation in a domestic violence scenario. The statistical correlation between strangulation and escalating violence has led to jurisdictions adopting rules that allow for enhanced sentencing or more serious charges in domestic violence cases involving strangulation.
California has not adopted a strangulation statute for domestic violence cases. Instead, the state may prosecute one party under domestic violence or assault statutes. The severity of the assault and the potential to cause serious bodily harm could lead to more serious charges or penalties.
Strangulation has an association with strokes and other devastating medical consequences. As such, defendants may face more aggressive prosecution and greater risk of severe penalties if the state tries to make allegations about intentional strangulation.
Learning more about how the state handles domestic violence charges can be beneficial for people trying to respond effectively to them. There may be defense strategies available to those worried about pending domestic violence charges that can help them limit the chances of a conviction or particularly severe penalties imposed by the courts.