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  • Strangulation: What It Is and Why It’s Dangerous

    Posted on by JACK MKHITARIAN

    Strangulation is very dangerous. Whether it is done during an episode of domestic violence or assault, it involves someone applying direct pressure to another person that prevents them from receiving oxygen, which in turn disrupts blood flow to the brain. Repeated strangulation or prolonged episodes not only run the risk of serious injury, but a person can be left with long-term deficits, and in many cases, these injuries are fatal.

    Understanding the Dangers of Strangulation

    Strangulation involves someone putting their hands around another person’s neck with the direct intention of depriving them of oxygen. It may be done to control them or purposely harm them. Regardless, it is a very dangerous act with serious consequences.

    When someone puts their hands around another person’s neck or holds them in a position known as a “sleeper hold,” or uses another object to disrupt oxygen (such as placing a belt around their neck), they are committing strangulation.

    Just some of the symptoms that come immediately after strangulation include:

    • Sore throat
    • Inability to swallow
    • Neck pain
    • A hoarse voice
    • Bruising around the neck and impacted areas
    • Ear ringing or difficulty hearing
    • Bloodshot eyes
    • Blue lips or tongue
    • Nausea or vomiting
    • Dizziness
    • Seizures
    • Memory loss
    • Loss of consciousness

    When the brain is deprived of oxygen for too long, a person can suffer from permanent brain damage or death.

    When You Are Accused of Strangling Someone

    In the state of New Mexico, if you are accused of strangling another person, you will be arrested and possibly charged with a felony. Choking and strangulation is a serious act of violence, and whether it is in a domestic violence dispute or part of an assault, the state does not take these cases lightly. Many states around the country have increased the penalty for this type of assault because they know the dangers of strangulation.

    In 2018, the Crimes Against Household Members Act made it a felony with aggravated battery when you have been accused of strangling a person.

    The Penalty for Felony Aggravated Battery

    If you are convicted of aggravated battery or assault in New Mexico, you will not only have a prison sentence and court fines, but you will also have the long-term consequences that come along with this criminal charge.

    Aggravated battery is a very serious offense and more so than regular battery charges. Aggravated battery can carry up to three years in a state prison if convicted.

    Aggravated battery in New Mexico is when you purposely touch or attack someone while intending to injure them – something strangulation definitely qualifies for. When you strangle a person, you know that you are doing so with the intent to cause physical harm. Therefore, the courts feel that aggravated battery charges are justified in these cases.

    Just some of the penalties you will face if you are actually convicted of felony aggravated battery include:

    • Prison sentence
    • Extensive court fines
    • Probation or parole
    • Court-ordered anger management courses
    • Losing the right to vote
    • Losing your right to own or possess firearms in the United States
    • Losing any professional licenses, you have
    • A permanent criminal record

    A criminal record that has a felony conviction is going to affect you the rest of your life. Not only will you have to disclose this on a job or house application, but it could affect your ability to:

    • Stay in the same career field – especially if your career field requires a professional license or does not allow those with felony convictions (such as an educator).
    • Obtain federal and state assistance for food, housing, and income programs.
    • Join the military or even reserve branches for the military.

    Additionally, you have the social stigma from family and friends that you will encounter. People may not treat you the same, you may find yourself isolated, and family members may side with the victim.

    What If You Are Falsely Accused of Domestic Violence in a Custody Battle?

    A common situation, where someone is falsely accused of strangulation, is domestic violence accusations in the middle of a divorce or custody battle.

    A partner might accuse you of domestic violence to gain a leg up in a custody battle. Unfortunately, until you are cleared in court, they may succeed. Family court judges may restrict your visitation, require supervised visits, and you could lose custody of your children.

    Accused of Strangulation or Aggravated Battery? Contact an Attorney Immediately

    Even if you are not convicted, being arrested and accused of aggravated battery could affect you. Speak with the highly skilled local attorney at New Mexico Criminal Law Office.  You need someone who understands the seriousness of these charges, and one who is ready to protect you and your rights.

    Whether you have been falsely accused, it is a misunderstanding, or you made a mistake. You deserve a chance at the best possible outcome. Every person deserves to have an attorney by their side who protects their rights and supports them. Our team has decades of experience, and we have helped countless individuals just like you face serious charges – even aggravated felony battery.

    We are aggressive, and we will work at starting an investigation and creating a defense as quickly as possible. It is our goal to make sure our clients get the best outcome. While we cannot guarantee that you will not spend time in jail, we make sure that our clients get a fair trial and that their rights are not violated during the criminal process.

    We are a firm that devotes our time to your needs and the needs of your family. We are here to support you through this process.

    To get started, contact us immediately by scheduling a free case evaluation with our team. You can also reach out to us online and ask questions about our criminal defense services. All consultations are obligation free, and they are kept strictly confidential.