In a recent update to Ohio law, strangulation (impeding breathing or blood circulation) is now considered a felony.
How Do Ohio’s New Laws Affect Strangulation Cases?
Previously, strangulation cases were charged as felonious assault. However, the threshold for felonious assault is high since it requires proving serious physical harm or temporary substantial incapacity, meaning that many abusers could avoid legal consequences for domestic violence or get off with only a misdemeanor.
Although strangulation is extremely dangerous, it often does not result in visible injuries, making it especially difficult to prove a case for felonious assault. Even in cases of fatal strangulation, the victim may show no exterior marks.
Besides visible wounds, strangulation can cause internal damage to the victim, such as brain injuries, stroke, or cardiac arrest due to lack of oxygen or blood flow. The long-term harm from strangulation can affect victims for years to come, and strangulation victims may even die from internal injuries up to 36 hours later.
So what does this mean? Even if there are no visible or immediate signs of damage, victims of strangulation should always go to the hospital to address possible injuries or even prevent death.
What does this mean in a legal context? When strangulation was classified as felonious assault, nonvisible injuries and long-term damages often made it difficult to get a conviction. With Ohio’s updated strangulation laws, more individuals accused of strangulation may be found guilty, and charges of strangulation are already increasing.
Why Are Ohio’s New Strangulation Laws Important For Victims?
Strangulation is a serious crime that can lead to severe health complications and even death. Victims can become unconscious within 6 seconds and death can occur in as little as 2 minutes. Delayed internal damages and delayed death can occur days, weeks, or months later.
Strangulation is commonly linked to domestic violence (DV) and is a key indicator of homicide later on by that partner. Almost half of the homicide victims killed by their partners experienced non-fatal strangulation in the circumstances prior to the murder.
Ohio’s new strangulation laws are essential to protecting victims and allowing prosecutors to pursue more serious charges and longer sentences for strangulation offenders.
Are you or someone you know facing domestic violence charges?
If you are facing domestic violence charges, you need to speak with an experienced domestic violence attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
