Choking, Suffocation, or Strangulation
Have you been charged with a choking offence?
A charge of ‘choking, suffocation, and strangulation in a domestic setting’ under section 315A is a very serious offence in Queensland and can often result in imprisonment.
The seriousness is due to the potential for such acts to cause significant and permanent injury, and even death.
If you are charged with this criminal offence, it is crucial to seek urgent legal advice from an experienced criminal lawyer.
Our highly experienced criminal lawyers have successfully defended and negotiated a downgrading of this type of charge on numerous occasions.
Contact us today to see how we can help your case.
What is choking, suffocation or strangulation?
Under section 315A of the Criminal Code 1899 (Qld), choking, suffocation, or strangulation without consent, in a domestic setting, is a criminal offence. A person is taken to choke, suffocate or strangle another person if they apply pressure to the victim's neck, partially or fully restricting their breathing or blood circulation.
What is the penalty?
If convicted, the maximum penalty for choking, suffocation, or strangulation is 7 years imprisonment. Courts take these offences very seriously, particularly in cases where there is a history of domestic violence. In determining the sentence, factors such as the nature of the incident, injuries caused, and any prior criminal history will be considered.
What are strategies to defend choking, suffocation or strangulation offences?
Our experienced criminal lawyers have sucessfully negotiated this type of charge and have had it discontinued against our client. Each case depends on its own facts. However, it is critical to carefully examine the evidence and the circumstances of each case to see if negotiations may be appropriate in your case.
There may also be instances where it is appropriate for the prosecutor to downgrade the charge, such as to a lesser charge of common assault. If downgraded, the penalty is typically a fine or a period of probation.
What should I do if I have been charged?
You should not contact the complainant directly or indirectly, under any circumstances, if you are charged with this offence. You should seek legal advice immediately from an experienced criminal lawyer and include information as to the need for any contact, such as if you share a house, children, or work. Your criminal lawyer will give you advice about the options to facilitate any need for contact but you should never do so personally and must seek legal advice first.
If you do not follow this, you could get yourself into more trouble, including not being granted bail or having bail revoked due to contacting the complainant.
There will also likely be an associated Domestic Violence Order Application. This is a separate case to the criminal charge. You should pass to your lawyer the paperwork for this application as well.
