It’s official – according to Ohio’s updated law, strangulation is now a felony offense. The new law was established in an effort to address domestic violence (DV) offenses. So what does that mean for you?
Legal Definition of Strangulation
Under Ohio law, strangulation means any act that impedes normal breathing or blood circulation by applying pressure to the throat or neck, or by covering the nose and mouth. 
The law states that you should not knowingly:
1. Cause serious physical harm to another by means of strangulation or suffocation. This is considered a second-degree felony.
2. Create a substantial risk of serious physical harm to another by means of strangulation or suffocation.
This is considered a third-degree felony.
3. Cause or create a substantial risk of physical harm to another by means of strangulation or suffocation.
This is considered a fifth-degree felony.
If the victim is a family or household member or a person with whom the offender is or was in a dating relationship, it is a fourth-degree felony.
If the victim is a family/household member or dating partner and the offender has either (A) been convicted/pled guilty to a violent felony or (B) knew the victim was pregnant at the time of the violation, it is a third-degree felony.
The definitions of family or household member and dating relationship are the same as domestic violence (DV) laws.
Legal Implications of Strangulation Laws
Charges may vary depending on the circumstances of your case – relationship to the victim, whether the victim was pregnant, severity of injuries, the offender’s criminal record, and intent.
For example, if the act was done as part of a medical procedure meant to aid or benefit the victim, that would be a valid defense.
It is important to discuss the specifics of your case with a team of expert defense attorneys to determine the best defense. The defense may focus on the question of intent i.e. whether or not the offender knowingly intended to strangle/seriously harm the victim, or whether or not the offender knew the victim was pregnant, etc. Or, the defense may examine the offender’s previous charges or the relationship with the victim.
How Does Strangulation Differ From Other Assault Charges?
In Ohio, strangulation laws focus specifically on impeding the victim’s breathing/circulation. However assault charges can vary from negligent assault to aggravated assault and more, including many different offenses.
Also, assault charges could range from misdemeanors to felonies, whereas strangulation is always a felony of some degree.
Possible penalties for assault include fines, jail time, anger management classes, community service, etc. Felony strangulation charges carry more severe penalties, including increased fines or jail time, fewer plea deals, etc.
Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH?
If you are facing criminal charges, you need to speak with an experienced criminal defense 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.
