Massachusetts Strangulation Defense Attorney

Massachusetts Criminal Law: Strangulation and Suffocation

Legal Basis for Strangulation and Suffocation

Under Massachusetts Criminal Law, Strangulation or Suffocation is outlawed by Massachusetts General Laws, Chapter 265, Section 15D.

Elements of the Crime: Strangulation

Under Massachusetts Criminal Law, the crime of Strangulation requires proof of three legal elements in order for a Defendant to be found guilty:

1. Intentional Application of Pressure
   There must be an intentional application of pressure to the victim’s throat or neck by the defendant. This requires an intentional touching by the defendant of the victim in this manner. Accidental or negligent physical contact is not sufficient proof for this element.
2. Substantial Pressure
   The pressure must be substantial. Factors to be considered when assessing if the pressure was substantial include, but are not limited to: how, where, when, why, and the duration of pressure applied, as well as any injury or loss of consciousness experienced by the victim.
3. Interference with Breathing or Circulation
   The pressure must have interfered with the victim’s normal breathing or circulation of blood. Injury or unconsciousness is not required for proof of interference; however, these effects of applied pressure constitute evidence of interference. It is also not necessary for the prosecution to prove that the Defendant intended to interfere with the victim’s breathing or blood circulation, only that such was the result of the intentional touching by the defendant of the victim’s neck.

Elements of the Crime: Suffocation

Under Massachusetts Criminal Law, the crime of Suffocation requires proof of two legal elements in order for a Defendant to be found guilty:

1. Intentional Blocking of the Nose or Mouth
   The defendant must intentionally block the victim’s nose or mouth. The prosecution must prove that the defendant consciously and deliberately intended the touching to occur and that it was not merely accidental or negligent. Factors to be considered include, but are not limited to, the defendant’s actions or words, and all the surrounding circumstances.
2. Interference with Breathing or Circulation
   The defendant’s action must have interfered with the victim’s normal breathing or blood circulation. Injury or unconsciousness is not required for proof of interference; however, these effects of applied pressure constitute evidence of interference. It is also not necessary for the prosecution to prove that the Defendant intended to interfere with the victim’s breathing or blood circulation, only that such was the result of the intentional touching by the defendant of the victim’s neck.

Aggravated Strangulation or Suffocation

Strangulation or suffocation may be aggravated, exposing defendants to a maximum punishment of 10 years in state prison. The crime becomes aggravated under four conditions:

1. If the defendant’s actions cause the victim to suffer serious bodily injury.
2. If the defendant knew or had reason to know that the victim was pregnant at the time of the intentional touching resulting in strangulation or suffocation.
3. If the defendant knowingly was subject to an abuse prevention or restraining order with the victim.
4. If the defendant has a prior conviction for strangulation or suffocation.

Penalties for Conviction

Strangulation and Suffocation are considered serious crimes under Massachusetts Criminal Law. Convicted offenders face a maximum possible punishment of up to 2.5 years in the House of Corrections or 10 years in state prison if convicted of Aggravated Strangulation or Aggravated Suffocation.

Legal Assistance

If you are charged with Strangulation or Suffocation in Massachusetts, contact the Law Office of John L. Calcagni III, Inc. at (401) 351-5100 for a free consultation.