Strangulation and Suffocation is the same crime under Massachusetts law. Mass General Law c265 s 15d. It is a felony punishable by not more than 5 years in state prison. The suffocation statute requires anyone convicted of strangulation or gets a CWOF must attend a certified batterer’s program.
If there is serious bodily injury or the victim is pregnant, the penalty increases to 10 years in state prison.
What is strangulation in Massachusetts?
A criminal charge requires three things to be proven beyond a reasonable doubt.
- First, it must be proven that the defendant applied substantial pressure on the throat or neck of the victim;
- Second, the normal breathing or circulation of blood was interfered with because of this;
- Third, it was done intentionally.
Often, this is charged in domestic violence cases.
The statute of limitations for strangulation is 6 years in Massachusetts.
Massachusetts Domestic Violence Attorney
Patrick Donovan, a criminal defense lawyer from Massachusetts, has a proven track record of effectively representing individuals in all types of domestic violence cases. Leveraging his background as a former prosecutor, Attorney Donovan employs his training to achieve optimal outcomes for his clients.
