Strangulation and Suffocation is the same crime under Massachusetts law. Mass General Law c265 s 15d defines strangulation. Strangulation 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 for strangulation must attend a certified batterers program.
If there 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 of strangulation 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 strangulation or suffocation is charged in domestic violence cases.
The statute of limitations for strangulation is 6 years in Massachusetts.
Massachusetts Domestic Violence Attorney
Patrick Donovan is a Massachusetts criminal defense attorney who has successfully defended many domestic violence cases that involved suffocation or strangulation. Attorney Donovan uses the training he got as a prosecutor to get the best possible result for each of clients.