Felony Domestic Assault by Strangulation

What Is Domestic Assault by Strangulation?

According to Minnesota Statute 609.2247, domestic assault by strangulation is when a person intentionally impedes a family or household member’s breathing by applying pressure to the throat or neck or by blocking their nose and mouth. The law defines “family or household member” as one of the following:

• Current or former spouses
• Parents and children
• People related by blood
• People living together
• People who share a child
• People in a romantic or sexual relationship.

These cases can be difficult to prove, as the marks on the victim’s neck are generally the primary evidence. Without testimony from an eyewitness, it’s often the word of the victim against the word of the alleged abuser.

Domestic Assault by Strangulation Charges

All domestic assault charges are serious, but they are especially severe when the assault involves choking or strangulation. In Minnesota, this type of domestic violence could result in a felony assault by strangulation charge.

Unlike certain types of domestic abuse, domestic assault by strangulation is automatically considered a felony—regardless of the accused’s criminal history. Conviction will mean considerable fines, prison time and the label “convicted felon.”

Penalties for Felony Assault by Strangulation

Anyone who is found guilty of assaulting a family or household member by strangulation is labeled a felon and may face up to three years in prison, a $5,000 fine or both. They may also have an ex parte or protective order issued against them to prevent them from contacting the alleged victim or be forced to leave their shared home.

As bad as those sound, they’re only the upfront consequences. In the long-term, a person convicted of felony domestic assault may encounter the following scenarios:

• Fewer job opportunities. Employers who use background checks in the hiring process are unlikely to hire a convicted felon, especially in service professions or positions that require you to work closely with customers.
• Fewer rental opportunities. Many landlords now require background checks from prospective renters and may deny your application if they see an assault charge..
• Difficulty obtaining licenses. Felony assault convicts may have trouble obtaining licenses for certain occupations or being accepted into some schools of higher learning. .
• Loss of rights. Felons lose their right to own a gun, even for hunting purposes, and non-citizens could face deportation if convicted. .

The truth of the matter is that even after you pay the price for your crimes, a conviction like this follows you throughout your life. That’s why it’s essential to avoid conviction.