Strangulation Law in Indiana by Criminal Attorney Jeff Cardella
If you have a Strangulation case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law. I have handled thousands of domestic violence cases (and related charges such as strangulation) and been lead counsel in hundreds of domestic violence trials. I also taught how to defend against domestic violence allegations in my course at the law school.
Understanding Strangulation Charges in Indiana
Strangulation charges in Indiana represent a serious category of offenses often arising in heated personal conflicts or domestic situations. Under Indiana strangulation law, these allegations can lead to significant legal consequences, making it essential for individuals to grasp the nuances of what constitutes this crime and how the state prosecutes it. Unlike general assault, strangulation specifically targets actions that interfere with breathing or circulation, highlighting the potential for immediate harm even without lasting injuries.
In many cases, strangulation charges in Indiana stem from misunderstandings or exaggerated claims during arguments, where emotions run high and details become blurred. Recognizing the elements required for a conviction can help demystify the process and reveal opportunities for challenging the prosecution’s narrative.
Legal Definition of Strangulation Under Indiana Code
According to Indiana Code 35-42-2-9, strangulation occurs when a person knowingly or intentionally applies pressure to another’s throat, neck, or torso, or obstructs their nose or mouth, in a rude, insolent, or angry manner that impedes normal breathing or blood circulation. This definition sets Indiana strangulation law apart by not requiring proof of unconsciousness or severe injury—just a temporary interference with vital functions.
Key aspects of this law include the manner of the act, which must demonstrate aggression or disrespect, and the intent behind it. This precision in Indiana’s strangulation statute allows for scrutiny of whether the actions truly met these criteria, often opening doors to defenses based on context or lack of purposeful impedance.
Penalties Associated with Strangulation Convictions in Indiana
Convictions under Indiana strangulation law typically classify as a Level 6 felony, carrying potential sentences of six months to two and a half years in prison, along with fines up to $10,000. However, certain aggravating factors can elevate the charge to a Level 5 felony, increasing penalties to one to six years imprisonment and similar fines.
- Prior unrelated strangulation convictions automatically bump the charge to Level 5.
- If the accused knew or should have known the victim was pregnant, the offense escalates.
- Additional charges like domestic battery or criminal confinement may compound penalties.
Beyond incarceration and fines, strangulation charges in Indiana can result in long-term repercussions such as loss of firearm rights, professional licensing issues, and challenges in custody arrangements, underscoring the need for thorough understanding of these outcomes.
Distinguishing Strangulation from Other Assault Offenses
While battery involves general harmful or offensive touching, Indiana strangulation law focuses specifically on respiratory or circulatory interference. This distinction means prosecutors must prove not just contact, but a direct impact on breathing or blood flow, which can sometimes lead to overcharging in cases where evidence is ambiguous.
Common Defenses to Strangulation Allegations in Indiana
Defending against strangulation charges in Indiana often hinges on challenging the elements of intent, manner, or the actual impedance of breathing. Common strategies include demonstrating that actions were accidental during a scuffle or that no real interference occurred.
- Self-defense claims, where the accused responded proportionally to a threat.
- Questioning the credibility of accusations, especially in contentious relationships where motives for fabrication exist.
- Highlighting insufficient evidence, such as lack of medical documentation or inconsistent witness statements.
In Indiana strangulation cases, exploring these defenses can reveal weaknesses in the prosecution’s case, potentially leading to reduced charges or acquittals.
The Role of Evidence in Strangulation Prosecutions
Evidence in Indiana strangulation law cases often includes police reports, photographs, medical records, and victim testimony. However, discrepancies in these can be pivotal— for instance, if photos appear altered or marks could stem from other causes, it undermines the claim of impedance.
Myths persist that visible injuries are required, but the law only needs proof of temporary breathing issues, making expert analysis of evidence crucial in defenses.
A Recent Case: Successful Defense Against Strangulation Charges
In a recent strangulation case in Indianapolis, my client faced accusations where the alleged victim reported red marks on her neck but was not hospitalized. The police report highlighted these marks, and photographs were presented that showed red flushed skin around the neck.
When I looked closer at the photographs, I noticed the walls in the photos appeared unnaturally pink, suggesting digital alteration to enhance the hue of the marks (likely by the prosecution). I sat on this information until the day of trial and when the prosecutor attempted to put the photographs into evidence, I objected and pointed out that the pictures appeared to have been altered. I made this objection in front of the Jury. The prosecutor was completely caught off guard and the Judge and Jury were not impressed by the alteration of evidence. After this, the Jury simply did not believe anything the prosecutor said and my client was quickly found not guilty on all charges.
Addressing Common Misconceptions About Indiana Strangulation Law
One widespread myth is that strangulation requires visible bruising or medical treatment for conviction—yet Indiana law focuses on the act’s potential to impede breathing, not outcomes. Another is assuming all domestic disputes lead to automatic charges; in reality, context and evidence quality play major roles.
Understanding these nuances helps individuals navigate strangulation charges in Indiana more effectively, avoiding pitfalls from misinformation.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Strangulation law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)