Strangulation Charges in Connecticut

The best Stamford criminal defense lawyers would agree that a charge of strangulation can have a significant impact on your future along with very serious consequences. Strangulation is a crime that is most often associated with domestic violence arrests, although it can be charged as a non-domestic violence offense as well.

The common theme among all strangulation crimes is restraining someone by the neck or mouth. The degree of the crime depends on intent and whether the alleged victim sustained injury. Even at the lowest level, strangulation charges are treated with gravity by police, prosecutors, and judges.

A conviction can bring jail time, heavy fines, probation, and a permanent criminal record. It can also result in protective orders, restrictions on where you live, and long-term consequences for employment, licensing, and immigration.

You need an experienced Stamford domestic violence defense attorney to:

• Investigate the circumstances surrounding your arrest.
• Identify weaknesses in the state’s case.
• Build the strongest possible defense.
• Work toward dismissal or reduction of charges.

We understand the stress, fear, and uncertainty you are facing. Our role is to stand between you and the criminal justice system — to protect your rights and fight for your future.

Connecticut Strangulation Laws Side by Side Detailed Breakdown of Each Offense

Strangulation in the Third Degree – Class A Misdemeanor

• Recklessly restrains another by the neck, impeding breathing or blood flow.
• Punishable by up to 1 year in jail, fines, and probation.

Strangulation in the Second Degree – Class D Felony

• Intentionally restrains another by the neck, intending to impede breathing or blood flow.
• Punishable by up to 5 years in prison, fines, and probation.

Strangulation in the First Degree – Class C Felony

• Commits strangulation in the second degree while using a dangerous instrument, causing serious physical injury, or with a prior conviction.
• Punishable by up to 10 years in prison and up to $10,000 fine.

Why Strangulation Cases Are Almost Always Domestic Violence Cases

While Connecticut law allows strangulation to be charged outside of domestic contexts, in reality most arrests occur during domestic incidents.

• The majority arise from arguments between spouses, partners, family members, or roommates.
• Under Connecticut law, it’s not the act itself but the relationship between the accused and the alleged victim that makes a case a domestic violence offense.
• Domestic cases are fast-tracked onto the domestic violence docket with stricter oversight.

Judges and prosecutors see strangulation as a red-flag offense because studies show that strangulation is one of the strongest predictors of future homicide in intimate partner relationships. Even a brief act without injury is treated as a serious danger sign.

You Cannot Be Convicted of Strangulation and Assault/Unlawful Restraint Together

The statute prevents multiple convictions for strangulation, assault, and unlawful restraint if they all arise from the same act. Police often overcharge, listing all three, but at trial only one conviction is possible. This legal safeguard gives defense lawyers tools to push back against excessive charging.

What Happens After a Domestic Violence Strangulation Arrest

Next-Day Arraignment

If arrested for strangulation in a domestic violence case, you must appear in court the very next business day. A protective order is usually issued at this first appearance. Having a defense attorney at your side is critical — decisions made at this stage can shape your life for months.

Family Relations Office Interview

Before arraignment, you meet with a Family Relations Officer. Their job is to recommend release conditions and protective orders. Be cautious: anything you say can be used against you. This is why having counsel present is so important.

Criminal Orders of Protection

Judges almost always impose protective orders in strangulation cases. There are three levels:

• Partial Order: no harassment, threats, or assault.
• Full / Residential Stay-Away Order: same as partial, but bans you from living with or entering the victim’s home.
• Full No-Contact Order: no communication of any kind.

Violating a protective order is a felony, no matter how trivial the violation may seem.

Resolution of Strangulation Charges

Strangulation 3rd Degree

Often resolved with anger management therapy or negotiated dismissals through treatment and counseling.

Strangulation 2nd Degree

Defendants may qualify for the Family Violence Education Program (FVEP), a 10-week course. Successful completion can lead to dismissal.

Strangulation 1st Degree

Much harder to resolve without trial, but sometimes can be reduced to a lower charge through negotiation.

Diversionary Program Defenses

For many people charged with strangulation — especially in domestic violence cases — the best defense strategy may involve a diversionary program. These programs allow defendants to avoid a criminal record if they comply with court-ordered treatment.

• Accelerated Rehabilitation (AR): Available in certain non-violent or lower-level cases. If granted, you are placed under court supervision for a period of time. If you comply with all conditions, the charges are dismissed.
• Family Violence Education Program (FVEP): Specifically designed for domestic violence cases, including some strangulation charges. It is a 10-week class focusing on education, accountability, and preventing future disputes. Successful completion leads to dismissal of charges.
• Custom Conditions: Judges may require counseling, substance abuse evaluation, or anger management as part of a diversionary resolution.

These programs are not guaranteed — the judge must grant your application, and the state’s attorney often objects in strangulation cases. A skilled defense lawyer can present a strong mitigation argument, highlighting your personal history, lack of prior record, or the unique circumstances of the incident.

For clients who qualify, AR and FVEP can mean the difference between a felony record and a dismissal.

Evidence and Defense in Strangulation Cases

One of the most troubling aspects of Connecticut strangulation law is that no visible injuries are required.

Prosecutors can move forward even if:

• There are no bruises, scratches, or medical evidence.
• The victim later recants or says they don’t want to press charges.
• The only evidence is a statement made during a heated moment.

How Prosecutors Proceed

• Police are trained to arrest whenever strangulation is alleged.
• Prosecutors rely on 911 recordings, officer bodycams, and initial statements.
• Courts rarely dismiss these cases early due to their seriousness.

Defense Strategies

• Self-Defense: Many clients restrained someone only to stop an attack. Holding someone back by the neck briefly may be defensive, not aggressive.
• Unreliable Statements: Victims may exaggerate or change their story. Contradictions can undermine the state’s case.
• Lack of Corroborating Evidence: Absence of physical proof can create reasonable doubt.
• Dual Arrest Situations: Connecticut has one of the nation’s highest dual arrest rates. Showing the other party was equally culpable can help.

Frequently Asked Questions

1. What are the penalties for strangulation in Connecticut?
They range from a Class A misdemeanor (up to 1 year) to a Class C felony (up to 10 years).

2. Do police need evidence of injuries?
No. They can arrest and prosecute even without visible marks.

3. Why is strangulation treated so harshly?
It’s seen as a predictor of lethal domestic violence, so courts act aggressively.

4. Is strangulation always a domestic violence case?
Almost always, if the parties are spouses, partners, family, or roommates.

5. What happens at my first court appearance?
You meet Family Relations, then go before a judge, who likely issues a protective order.

6. Can I be convicted of both strangulation and assault?
No. The statute prevents convictions for both based on the same act.

7. What if the alleged victim recants?
The case can still proceed — prosecutors often rely on initial statements and evidence.

8. Is self-defense a valid defense?
Yes. Restraining someone by the neck can be defensive if you were under attack.

9. What is a dual arrest?
When both people are arrested. Connecticut has one of the highest dual-arrest rates in the country.

10. Can I get into a diversionary program?
Yes. Many 2nd- and 3rd-degree cases qualify for AR or the Family Violence Education Program.

11. Will strangulation appear on my background check?
Yes. Any conviction creates a permanent record.

12. Can the protective order be modified?
Yes, but only by a judge. Victims cannot authorize you to ignore an order.

13. How long do these cases take?
Usually several months, depending on court backlog and evidence issues.

14. Can strangulation charges be reduced?
Sometimes — charges may be lowered to assault 3rd or breach of peace.

15. Do I really need a lawyer?
Yes. These cases carry felony exposure, mandatory protective orders, and lifelong consequences.

Let Us Fight Your Strangulation Charge!

We provide free initial consultations. Attorney Allan F. Friedman has over 30 years of experience defending strangulation and domestic violence charges throughout Connecticut.

Call today at (203) 357-5555 for a confidential consultation. We are available 24/7. Or contact us online for a prompt response.

---