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Strangulation as First-Degree Assault in Maryland
In Maryland, assault charges can carry serious consequences-but when the alleged act involves strangulation, the stakes are even higher. As of 2020, Maryland law explicitly includes intentional strangulation as a basis for first-degree assault, a felony offense that can lead to decades in prison. This blog breaks down the law, potential penalties, and possible defenses related to strangulation cases.
What Is First-Degree Assault by Strangulation?
Under Maryland Criminal Law section 3-202, first-degree assault includes:
- Intentionally causing or attempting to cause serious physical injury,
- Using a firearm to commit the assault, or
- Intentionally strangling another person.
Definition of Strangulation in Maryland
The law defines strangulation as impeding the normal breathing or blood circulation of a person by applying pressure to the person’s throat or neck.
This addition to the statute reflects a growing awareness of the extreme danger and lethality of strangulation, particularly in domestic violence contexts.
Penalties for Strangulation Assault
Strangulation is prosecuted as a felony first-degree assault, carrying up to 25 years in prison. There is no mandatory minimum sentence, but judges often impose substantial prison time due to the violent and potentially lethal nature of the act.
Learn more about assault penalties in Maryland.
Proving Strangulation in Court
To secure a conviction for first-degree assault by strangulation, the State must prove:
- That the defendant committed an assault,
- That the assault included intentional strangulation, and
- That the strangulation impeded normal breathing or circulation.
Evidence may include:
- Testimony from the victim or witnesses,
- Medical records showing signs of neck trauma or petechiae,
- Photos of bruising or red marks, and
- Expert testimony on the effects of strangulation.
The State need not prove a prolonged loss of consciousness-only that the defendant intentionally restricted airflow or circulation.
Legal Defenses to Strangulation Charges
A strong defense can challenge the elements of the crime or assert justification. Common strategies include:
Self-Defense
If you were being attacked or feared imminent harm, self-defense may justify your actions. Maryland law allows for reasonable force to protect oneself or others.
Explore more on self-defense laws in Maryland.
Lack of Intent
Accidental contact or defensive maneuvers that caused neck contact may not meet the threshold for intentional strangulation.
False Allegations
Strangulation cases often arise from domestic disputes. A defense attorney can examine motives, inconsistencies, or lack of corroborating evidence.
Strangulation in Domestic Violence Cases
Because strangulation is often part of broader patterns of abuse, it may result in:
- Protective orders (see our protective order page),
- Loss of firearm rights, and
- Immigration consequences, including potential deportation.
If you’re accused of assault in a domestic setting, immediate legal help is essential. Check out our page on domestic violence defense for more details.
Why You Need an Experienced Defense Lawyer
Strangulation cases are complex. At FrizWoods, we understand how to:
- Dissect the evidence (or lack thereof),
- Challenge unreliable witness accounts,
- Present expert testimony when needed, and
- Protect your rights throughout the process.
Meet our attorneys on the About Us page and see how we fight for our clients.
Conclusion
Strangulation is no longer just a component of assault-it’s a standalone basis for a felony first-degree charge in Maryland. With penalties of up to 25 years in prison, the consequences are life-changing. If you’ve been charged, you need a serious legal team ready to defend your future.
FAQs
Q: Is strangulation automatically considered first-degree assault in Maryland?
A: Yes. As of 2020, Maryland law classifies intentional strangulation as first-degree assault, even without a weapon or other injuries.
Q: What if the victim wasn’t seriously injured?
A: Serious injury isn’t required. The act of impeding breathing or blood flow with intent is enough to qualify for first-degree charges.
Q: Can strangulation charges be dropped?
A: Potentially, especially if evidence is weak, the act was accidental, or there are credibility issues with the accuser.
Q: How does this differ from second-degree assault?
A: First-degree assault involves aggravating factors like strangulation, a firearm, or intent to cause serious harm. Second-degree assault does not.
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