C.G.S. § 53a-64aa – Strangulation or Suffocation in the First Degree

Understanding Strangulation or Suffocation in the First Degree in Connecticut

Strangulation and suffocation charges are among the most serious domestic-violence-related crimes prosecuted in Connecticut. Under Connecticut General Statutes § 53a-64aa, Strangulation or Suffocation in the First Degree is a Class C felony punishable by up to ten years in prison.

Unlike lower degrees of strangulation, first-degree charges mean the State believes the conduct caused a serious physical injury, involved a deadly weapon or dangerous instrument, or occurred while the accused was subject to a protective order. These cases often begin with highly emotional domestic-violence arrests, but the stakes rise quickly once prosecutors add the first-degree enhancement.

Elements of the Crime

To convict you of Strangulation or Suffocation in the First Degree, the State must prove each of the following beyond a reasonable doubt:

• Intentional obstruction of breathing or blood circulation.
• You intentionally restrained another person by applying pressure to their throat or neck or by blocking their nose or mouth, thereby restricting breathing or blood flow.
• One of the following aggravating circumstances existed:
  • The act caused serious physical injury to the victim; or
  • You used or attempted to use a deadly weapon or dangerous instrument in the act; or
  • You committed the offense while a protective order or restraining order was in effect against you for the benefit of the same victim.

Any one of these aggravating factors elevates the offense from a lesser degree of strangulation to the first degree, the highest level under Connecticut law.

Penalties

Class C felony

• Possible sentence: 1 to 10 years in prison
• Fine: up to $10,000
• Probation: may include mandatory counseling, domestic-violence treatment, and strict protective orders

Because the conduct often occurs in a domestic-violence context, judges frequently impose protective orders that remain in effect throughout the case, and violations of those orders can lead to new felony charges.

Defense Strategies

Every strangulation case turns on medical and witness evidence. Common defenses include:

• Lack of intent. The State must prove you intentionally restricted breathing or blood flow. Accidental or reflexive contact is not enough.
• No serious physical injury. First-degree charges require proof of lasting or life-threatening harm; many cases involve only transient redness or bruising, which fits lower-degree or even no-injury outcomes.
• Self-defense or defense of others. Connecticut law allows reasonable force to protect yourself when faced with unlawful physical aggression.
• False or exaggerated accusations. Domestic disputes can produce statements made in anger or fear that later turn out to be overstated or unsupported by medical evidence.
• Improper enhancement. Prosecutors sometimes overcharge a case as first degree when the facts fit second or third degree. Careful review of the 911 recording, body-cam footage, and medical reports is essential.

Programs and Alternatives

Even though § 53a-64aa is a felony, some first-time offenders may qualify for limited diversionary options:

• Accelerated Rehabilitation (AR): Rarely granted for felony strangulation cases, but occasionally possible when the alleged injury is minimal and the complainant supports the application.
• Family Violence Education Program (FVEP): Available only for misdemeanor cases, so it usually does not apply to § 53a-64aa, but the defense can negotiate a reduction to a lesser offense that makes FVEP possible.

The goal is to explore every path to keep a felony conviction off your record.

Common Real-World Scenarios

• An argument between partners escalates, and one person claims the other “choked” them during a struggle.
• A domestic incident where minor contact around the neck area is interpreted by police as strangulation.
• A prior protective order is in place, and police automatically classify the event as first-degree strangulation based on that order—even before full investigation.

In each of these examples, context, intent, and physical evidence are critical. Many cases resolve with reduced charges or dismissals once the facts are closely examined.

Related Offenses

C.G.S. § 53a-64bb – Strangulation or Suffocation in the Second Degree (Class D felony)
C.G.S. § 53a-64cc – Strangulation or Suffocation in the Third Degree (Class A misdemeanor)
C.G.S. § 53a-223 – Violation of a Criminal Protective Order
C.G.S. § 53a-61 – Assault in the Third Degree

Frequently Asked QuestionsWhat Makes It “First Degree”?

Serious injury, use of a weapon or dangerous instrument, or committing the act while under a protective order.

Can I Go to Prison Even if the Victim Wasn’t Badly Hurt?

Yes, if the State claims you used a weapon or had a protective order in place, but strong defense work can often reduce the charge.

Is This Considered a Domestic-Violence Offense?

Yes, in most cases. That means you’ll face a protective order and mandatory court appearances in the domestic-violence docket.

Can I Get the Charges Reduced?

Often. Many first-degree cases are resolved as second-degree strangulation or even misdemeanor assault once the facts and medical reports are reviewed.

Will This Affect My Job or Gun Rights?

A felony conviction will result in loss of firearm rights and may jeopardize professional licenses and employment.

Call Attorney Allan F. Friedman

A strangulation charge is one of the most serious allegations that can arise out of a domestic dispute. The difference between a felony conviction and a dismissal often depends on how quickly you act. Call Attorney Allan F. Friedman at (203) 357-5555 or online contact form for a confidential consultation and a strategy focused on protecting your freedom and your future.

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