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Have you, a family member, or friend been arrested for domestic strangulation? If so, you should contact experienced Rhode Island domestic violence lawyer, Tom Thomasian right away. Domestic strangulation allegations should not be taken lightly and only an experienced criminal defense attorney should be consulted regarding domestic strangulation charges. Rhode Island defense attorney, Thomas Thomasian, has been aggressively and successfully defending clients charged with domestic strangulation crimes for years and can do the same for you.
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Domestic strangulation is a serious domestic violence offense. It is classified as a non-capital felony because the statute calls for more than 1 year in prison but less than 10 years. The law regarding domestic strangulation is found in the Rhode Island General Laws under Title 11, Chapter 5, Section 2.3. The full name of the statute is domestic assault by strangulation. Title 11, Chapter 5, Section 2.3 states that every person who shall make an assault or battery, or both, by strangulation, on a household or family member, shall be punished by imprisonment for no more than ten (10) years. The statute goes on to define strangulation as applying pressure to the neck or throat or blocking the mouth or nose of another person, with the intent to impede his or her breathing or blood circulation and cause harm.
Because this statute falls under the Domestic Violence Prevention Act, any person convicted of domestic strangulation would also have to complete domestic violence counseling as well as receive a no contact order. Unlike a third offense domestic assault, domestic strangulation does not have a mandatory minimum amount of jail time.
Unfortunately, because the domestic strangulation statute is fairly new, law enforcement will sometimes charge someone with domestic strangulation when they should have been charged with misdemeanor domestic assault. For a person with no previous criminal record, a charge of domestic strangulation is an automatic felony subjecting the accused to serious penalties if convicted whereas domestic assault would be a misdemeanor. Sometimes law enforcement will receive a report of a person grabbing another person by the neck without disrupting the person's breathing. When law enforcement receives this report, their first reaction is to charge the accused with domestic strangulation because the allegation involves grabbing someone's neck. This is not and never will be a domestic strangulation.
Any person charged with domestic strangulation must have knowingly and intentionally impeded the normal breathing or circulation of the blood by applying pressure on throat or neck. If breathing is not impeded, no domestic strangulation can occur. Only an experienced domestic strangulation defense lawyer will be able to analyze your case and tell you if you have been charged correctly. An incorrect charge of domestic strangulation can be the difference between a misdemeanor and a felony. Your reputation and freedom are too valuable to risk on an inexperienced criminal defense lawyer. Attorney Thomasian has seen success in these types of cases and he can help you, too.
To see if Rhode Island Domestic Violence Defense Lawyer Tom Thomasian can defend the rights of you, a family member, or friend, please don't hesitate to reach out to the firm.
Call The Law Office of Thomas C. Thomasian, Esq. today at 401.312.4385.