Non-Fatal Strangulation Solicitors
Specialist criminal defence solicitors for allegations of non-fatal strangulation and suffocation
- urgent legal advice following an allegation or arrest,
- representation during a voluntary interview under caution,
- preparing detailed pre-charge representations,
- challenging weak, inconsistent or unreliable evidence,
- identifying and advancing available legal defences,
- representation in the Magistrates’ Court and the Crown Court.
Non-Fatal Strangulation or Suffocation
Non-fatal strangulation or suffocation offences may involve a person intentionally restricting another person’s ability to breathe, and even though the conduct does not result in death, it can cause serious physical and psychological harm.
The offence of non-fatal strangulation came into force in England and Wales in June 2022. Section 70(1) of the Domestic Abuse Act 2021 inserted Section 75A into Part 5 of the Serious Crime Act 2015, creating the offence of strangulation or suffocation.
Understanding the Offence
The law provides that a person commits an offence if they intentionally strangle another person or carry out any other act that affects that person’s ability to breathe. Even where a person consented to the act, if they suffer serious harm, the person committing the act cannot use consent as a defence.
Cases involving allegations of non-fatal strangulation often depend upon detailed factual evidence, medical evidence, witness accounts, digital communications and the circumstances surrounding the allegation.
If you are facing to an allegation of non-fatal strangulation or suffocation, early legal advice can be vital in assessing the available evidence, identifying potential defences and protecting your position from the outset.
How KANGS Can Help
KANGS has extensive experience defending individuals facing allegations of non-fatal strangulation, including cases arising from domestic incidents, relationship breakdowns, disputes that have escalated unexpectedly and situations where the account of events is strongly contested.
Our solicitors understand the serious personal, professional and reputational consequences that can follow from an allegation of this nature. Our specialist defence team will:
- engage with the police and CPS on your behalf,
- conduct detailed analysis of all the evidence,
- carefully examine the reliability of the allegation,
- consider any relevant medical or forensic or digital evidence,
- identify weaknesses in the prosecution case, and
- provide clear advice, practical support and regular communications.
From the initial consultation through to police interview and, where necessary, representation at court, we make sure you understand the allegation, the legal issues involved and the options available to you at every stage.
Contact us for a confidential consultation. Our experienced criminal defence solicitors can guide you through each stage of the legal process and work proactively to protect your interests from the outset.
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Non-Fatal Strangulation FAQs
What is non-fatal strangulation?
A person commits the offence of non-fatal strangulation if they intentionally strangle another person or does any another act to that person, which affects their ability to breathe and amounts to a battery of that person.
The legislation does not define ‘strangulation’ or ‘strangles.’ In practical terms, it may be understood as the application of force or pressure by a person to another person’s neck, whether using their hands or another means.
The Crown Court Compendium describes the dictionary definition as ‘the action or process of stopping respiration by compression of the air passage especially by a sudden and violent compression of the windpipe.’
Why Choose KANGS?
With more than twenty-five years of experience defending serious criminal allegations, KANGS has established a strong reputation for providing expert legal advice and strategic representation.
Our team offers:
- Over twenty-five years' experience defending serious criminal cases.
- Top-tier rankings in Chambers UK and The Legal 500.
- 24-hour police station representation nationwide.
- Expertise on non-fatal strangulation cases, domestic violence and all variations of violent and sexual crime investigations.
- Strategic advice tailored to the facts of your individual case.
- Confidential, professional and discreet representation.
Contact KANGS
The experienced defence lawyers at KANGS are available to assist individuals facing police investigations, voluntary interviews, interviews under caution or criminal proceedings involving allegations of non-fatal strangulation. We can arrange an initial consultation in person, by video call or by telephone.
Please contact us using the information below:
What should I do if I am arrested or invited to a voluntary police interview?
If you are arrested or asked to attend a voluntary police interview in connection with an allegation of non-fatal strangulation, you should seek specialist legal advice before answering questions.
Police interviews can have serious consequences and may influence whether the case is no further actioned (NFA), referred for a charging decision or proceeds to court.
Early advice allows your solicitor to consider the pre-interview disclosure, advise you on the strength of the allegation and help you decide the most appropriate interview strategy.
What happens after a voluntary police interview?
After a voluntary interview, the police may release you on police bail, release you under investigation, or inform you that no further action will be taken. If you are released on bail, the conditions may restrict your contact with the complainant, your attendance at certain addresses, or your communication with particular people.
How can non-fatal strangulation happen?
Common examples of strangulation include manual strangulation, where one or both hands are placed around a person’s neck, a chokehold or headlock, where pressure is applied by an arm, the use of a ligature, such as a scarf or belt, hanging, or pressure applied to the neck by a foot or knee, amongst others.
Is an injury required in non-fatal strangulation?
No injury is required for an allegation of non-fatal strangulation to be investigated or charged.
However, the Police may consider physical signs such as redness, bruising or scratches around the neck or jaw, hoarseness, voice changes, difficulty speaking, breathing difficulties, coughing, difficulty swallowing, drooling, brief loss of consciousness, headaches, dizziness, vision changes or confusion.
The Police may also consider behavioural evidence, including fear of speaking about what happened, delayed disclosure, memory gaps or loss of time during the incident, and emotional distress which appears disproportionate to any visible injuries.
What types of situations can lead to a non-fatal strangulation allegation?
Non-fatal strangulation allegations can arise in a range of circumstances, including domestic incidents, arguments, relationship breakdowns, and contested accounts of consensual sexual activity.
KANGS is seeing increasing enquiries from individuals involved in sexual relationships that include kink-related conduct. Where strangulation forms part of a sexual encounter, it may be referred to as “erotic asphyxiation”, “breath play” or, more informally, “sexual choking”.
In such circumstances, the Police may pay close attention to issues such as whether the person applying pressure could see the other person’s face, whether a safe word was used or ignored, and whether anything differed on that occasion from previous encounters.
What evidence is considered in a non-fatal strangulation case?
Evidence in a non-fatal strangulation case may include the complainant’s account, witness statements, body-worn video footage, 999 calls, photographs, medical records, forensic material, text messages, call records, social media communications and any evidence showing the wider context of the relationship or incident.
Is there a defence for non-fatal strangulation?
Yes. A defence may be available where person A can show that person B consented to the strangulation or other act.
That defence will not apply if B suffers serious harm as a result of the strangulation or other act, and A either intended to cause B serious harm, or was reckless as to whether B would suffer serious harm.
Serious harm includes grievous bodily harm, actual bodily harm or wounding.
What sentence can be imposed for non-fatal strangulation?
A person convicted of non-fatal strangulation can be sentenced in either the Magistrates’ Court or the Crown Court.
On summary conviction in the Magistrates’ Court, the court may impose imprisonment for a term not exceeding the general limit in a magistrates’ court, or six months if the offence was committed before 2 May 2022, a fine, or both.
On conviction on indictment in the Crown Court, the maximum sentence is five years’ imprisonment, a fine, or both.
What aggravating factors may the court consider in non-fatal strangulation cases?
Aggravating factors may include:
- the offence being committed in the context of domestic abuse,
- the victim being isolated and unable to seek assistance,
- the offence being committed against a person providing a public service or performing a public duty,
- a history of violence or abuse towards the victim,
- the victim being pregnant,
- children being present during the offence,
- gratuitous degradation of the victim,
- abuse of trust or power,
- taking steps to prevent the victim reporting the incident or assisting the prosecution,
- offending while under the influence of alcohol or drugs,
- committing the offence while on licence or post-sentence supervision, and
- failing to comply with current court orders.
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