Strangulation Criminal Defense 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 well over a thousand strangulation cases (which are most often tied to domestic violence allegations) and am not afraid of litigating these cases. Domestic violence cases are suprisingly easy to win at jury trial and too many people (including innocent people) take plea agreements merely to avoid the risk of trial. If you want an attorney who will not push you into a plea offer, call me for a free consultation.
Understanding Strangulation Charges Under Indiana Law
Strangulation charges in Indiana often arise in heated situations, particularly within domestic disputes, but they can occur in various contexts. Indiana strangulation laws are designed to address actions that interfere with a person’s ability to breathe or circulate blood, even if no lasting harm is evident. These charges carry significant weight because they are classified as felonies right from the start, reflecting the state’s emphasis on protecting individuals from potentially life-threatening behaviors.
Under Indiana Code 35-42-2-9, strangulation is defined as knowingly or intentionally applying pressure to another person’s throat, neck, or torso, or obstructing their nose or mouth, in a manner that impedes normal breathing or blood circulation. This definition is broad, covering not just choking but any pressure that affects these vital functions. Importantly, the law does not require the victim to lose consciousness or suffer visible injuries for a charge to stick; even brief interference can lead to allegations of strangulation in Indiana.
Key Contexts Where Strangulation Charges Emerge in Indiana
While strangulation can be charged independently, it frequently overlaps with domestic violence cases in Indiana. Arguments between partners or family members can escalate quickly, leading to accusations where one party claims their breathing was restricted during a physical altercation. However, these charges aren’t limited to homes; they can stem from bar fights, road rage incidents, or workplace disputes where physical contact occurs.
Elements the Prosecution Must Prove for Strangulation Convictions in Indiana
To secure a conviction for strangulation under Indiana law, the state must demonstrate several specific elements beyond a reasonable doubt. This high standard means that vague accusations alone may not suffice, providing opportunities to challenge the case.
- Knowingly or Intentionally: The act must be done with awareness or purpose, not accidentally. For instance, incidental contact during a struggle might not meet this threshold.
- Application of Pressure: Pressure applied to the throat, neck, torso, nose, or mouth in a rude, insolent, or angry manner.
- Impediment to Breathing or Circulation: There must be evidence that normal breathing or blood flow was hindered, though this can be subjective and based on testimony.
Prosecutors in Indiana often rely on victim statements, photos of any redness or marks, medical reports, and witness accounts to build their case. However, inconsistencies in these can weaken the prosecution’s position on strangulation charges.
Penalties and Consequences of Strangulation Convictions in Indiana
Indiana treats strangulation seriously, classifying it as a felony offense. The base level is a Level 6 felony, which can result in 6 months to 2.5 years in prison and fines up to $10,000. If aggravating factors are present, such as causing serious bodily injury, a prior unrelated strangulation conviction, or if the victim was pregnant and the accused knew about it, the charge elevates to a Level 5 felony. This carries 1 to 6 years in prison and similar fines.
Beyond incarceration and fines, a strangulation conviction in Indiana has long-term ripple effects. It can lead to a permanent criminal record, loss of firearm rights under federal law if tied to domestic violence, difficulties in securing employment or housing, and complications in child custody matters. These consequences underscore why understanding Indiana strangulation penalties is crucial for anyone facing such allegations.
Additional Charges Often Paired with Strangulation in Indiana
Strangulation charges rarely stand alone. Prosecutors may add counts like domestic battery, criminal confinement, or intimidation, each carrying their own penalties and complicating the overall case under Indiana law.
Common Defenses to Strangulation Allegations in Indiana
Facing strangulation charges in Indiana doesn’t mean a conviction is inevitable. Several defenses can be effective, depending on the circumstances.
- Self-Defense: If the accused was protecting themselves from harm, Indiana law allows reasonable force, potentially justifying the actions.
- Lack of Intent: Demonstrating that any contact was accidental or not meant to impede breathing can undermine the charge.
- Insufficient Evidence: Without physical marks, medical documentation, or corroborating witnesses, the case may rely solely on the accuser’s word, which can be challenged for credibility.
- False or Exaggerated Accusations: In emotional disputes, motives like revenge can lead to overstated claims, which evidence such as text messages or prior behavior can expose.
These defenses highlight the importance of scrutinizing every detail in Indiana strangulation cases to reveal weaknesses in the prosecution’s narrative.
A Recent Indianapolis Strangulation Case: Overcoming False Accusations
In a recent case I took to trial in Indianapolis, a client faced charges of domestic violence and strangulation after his girlfriend discovered he had been cheating. Enraged, she called the police and claimed he had physically assaulted her, including strangling her during an argument. Despite no visible physical marks or medical evidence supporting her allegations, the charges proceeded based on her statement. (This is very common).
At the bench trial, my client testified about the events, admitting to the infidelity but denying any physical violence. The Judge found my client’s testimony credible and noted that while she did not condone his cheating with multiple women, it provided a motive for the accuser to fabricate. This cast reasonable doubt on the alleged victims version of events, leading to a not guilty verdict on all charges. This case illustrates how personal motives can influence accusations in Indiana strangulation matters and how credibility assessments can turn the tide.
Frequently Asked Questions About Indiana Strangulation Laws
What is the difference between strangulation and domestic battery in Indiana?
Strangulation specifically targets actions impeding breathing or circulation, while domestic battery covers broader physical harm or rude touching in a family or intimate context. Both can be felonies, but strangulation starts at Level 6 without needing injury.
Can strangulation charges be dropped if the victim recants?
In Indiana, prosecutors can pursue charges even if the victim withdraws their statement, but recantation can create doubt and potentially lead to dismissal.
What is the statute of limitations for strangulation in Indiana?
For Level 6 felonies like basic strangulation, the limit is five years from the date of the offense.
Does Indiana require proof of injury for strangulation convictions?
No, visible injury isn’t necessary; the key is evidence of impeded breathing or circulation, which can be based on testimony alone.
How does a prior conviction affect new strangulation charges in Indiana?
A previous unrelated strangulation conviction can bump the charge to a Level 5 felony, increasing potential prison time and fines.
Long-Term Impacts of Strangulation Allegations in Indiana
Even if charges are resolved favorably, the mere accusation of strangulation in Indiana can affect personal and professional life. Background checks may reveal arrests, influencing job opportunities, especially in fields requiring trust or security clearances. In family law, such allegations can sway custody decisions, emphasizing the need for thorough understanding of Indiana strangulation laws.
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)