Connecticut General Statutes § 53a-64cc – Strangulation or Suffocation in the Third Degree

A heated argument can escalate in seconds. In Connecticut, even a brief allegation of placing a hand near someone’s neck or blocking their mouth can lead to a serious criminal charge—strangulation or suffocation in the third degree. Under C.G.S. § 53a-64cc, this offense is treated as a violent crime and often prosecuted as a domestic violence case.

If you’ve been arrested, you’re likely frightened, confused, and wondering how something so minor turned into a criminal case. You are not alone—and you have options.

At Allan F. Friedman, Criminal Lawyer, we have spent over 30 years defending clients across Connecticut against strangulation, domestic violence, and other serious charges. Here’s what you need to know about this law, the penalties you face, and how we can fight for you.

Strangulation or suffocation in the third degree is one of the most frequently charged violent misdemeanors in Connecticut. Under C.G.S. § 53a-64cc, a person commits this offense if they:

“Recklessly restrain another person by the neck or throat, or obstruct the person’s nose or mouth, thereby impeding their ability to breathe or restricting their blood circulation.”

• Reckless conduct is enough—you do not need to intend harm to be arrested.
• No visible injury is required—you can be charged even if there are no bruises or marks.
• Brief contact counts—a momentary obstruction can trigger this charge.
• Domestic disputes are common sources—many cases arise from arguments with spouses, partners, or family members.

Police treat any allegation of restricted breathing extremely seriously. In domestic violence cases, officers often make an arrest first and let the court process determine guilt or innocence.

Connecticut law defines recklessness as acting with conscious disregard of a substantial and unjustifiable risk. In practice, this means:

• Intent to harm is not required—it’s enough that your actions posed a risk to someone’s ability to breathe or circulate blood.
• Self-defense doesn’t prevent arrest—even if you acted to protect yourself, police may still charge you and leave the defense to be raised in court.
• Accusations alone can trigger charges—especially in domestic situations, police will often err on the side of arrest.

To convict you of strangulation or suffocation in the third degree, the prosecution must prove beyond a reasonable doubt:

1. You recklessly restrained another person by the neck or throat, or obstructed their nose or mouth.
2. Your conduct impeded their ability to breathe or restricted blood circulation.

This “reckless” standard distinguishes third-degree strangulation from:

• Second Degree (C.G.S. § 53a-64bb): Requires intentional conduct; a Class D felony.
• First Degree (C.G.S. § 53a-64aa): Involves serious injury, a weapon, or a prior conviction; a Class C felony.

Strangulation in the third degree is a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• Fines up to $2,000
• Up to 2 years of probation

But the real consequences often go beyond these numbers:

• Permanent criminal record for a violent crime
• Domestic violence designation, including:
  • Next-day arraignment in domestic violence court
  • Possible criminal protective orders
  • Mandatory counseling or treatment programs
• Impact on your life, including:
  • Loss of employment opportunities
  • Problems obtaining housing
  • Potential immigration consequences
  • Firearm prohibitions for domestic violence-related convictions

• If classified as domestic violence, you will likely be held overnight and brought to court the next business day.
• At arraignment, the court may impose protective orders, bail, or release conditions.

• Can range from full no-contact to partial orders permitting contact but banning threats or violence.
• Violation of a protective order is a separate felony, regardless of the outcome of the underlying case.

Your lawyer may:

• File motions to suppress evidence
• Challenge the sufficiency of the State’s case
• Negotiate with prosecutors for dismissal, diversion, or reduced charges

• If the case goes to trial, the State must prove each element beyond a reasonable doubt.
• Effective defenses often include:
  • Attacking credibility of the complainant
  • Presenting self-defense evidence
  • Showing the alleged conduct does not meet the statute

Connecticut law recognizes three degrees of strangulation:

• First Degree – C.G.S. § 53a-64aa: Class C felony; serious injury, weapon, or prior conviction.
• Second Degree – C.G.S. § 53a-64bb: Class D felony; intentional restriction of breathing or circulation.
• Third Degree – C.G.S. § 53a-64cc: Class A misdemeanor; reckless conduct.

Note: You cannot be convicted of both strangulation and unlawful restraint or assault for the same act, though prosecutors often charge them together initially.

Every case is different, but common defense strategies include:

• Lack of Recklessness: Showing actions were accidental or did not meet the legal threshold for recklessness.
• No Actual Impediment: Demonstrating breathing or blood flow was never obstructed.
• Self-Defense: Establishing you acted to protect yourself from harm.
• Credibility Challenges: Exposing inconsistencies or lack of corroborating evidence.
• Overcharging: Negotiating a reduction to a lesser non-violent offense like breach of peace.

For first-time offenders, Connecticut offers programs that can lead to dismissal of charges:

• Accelerated Rehabilitation (AR): For certain non-violent offenders; successful completion erases the charge.
• Family Violence Education Program (FVEP): Common in domestic violence cases; completion often results in dismissal.
• Specialized Treatment Programs: Substance abuse or anger management programs may improve negotiating leverage.

A skilled attorney can evaluate your eligibility and advocate for your admission, potentially avoiding a permanent record.

• Over 30 years of experience defending violent and domestic violence charges in Connecticut.
• Personalized defense strategies—no cookie-cutter approaches.
• Local knowledge of Stamford, Norwalk, Bridgeport, and surrounding courts.
• Proven track record of negotiating dismissals, reducing charges, and winning at trial.

When your reputation, freedom, and future are at stake, you need more than just representation—you need an advocate who knows how to fight for you.

Facing a strangulation charge in Connecticut can feel overwhelming, but you don’t have to navigate it alone.

Call Allan F. Friedman, Criminal Lawyer, today at (203) 357-5555 for a free, confidential consultation. We are available 24/7 to fight for your rights and protect your future.