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What is Strangulation or Suffocation in Massachusetts?

Written By: Matthew W. Peterson

Published: 03/08/2022

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Strangulation or suffocation is a felony in Massachusetts and can carry a sentence of up to five years in State Prison as well as fines. Someone commits the offense of strangulation and suffocation if they intentionally interrupt the normal breathing patterns or the circulation of blood of another person.

If you’re charged with strangulation or suffocation, you need an experienced domestic violence attorney to help.

What’s the Difference Between Suffocation and Strangulation?

Someone is charged with strangulation if they apply substantial pressure to someone’s throat or neck. Suffocation is defined as blocking someone’s nose or mouth.

What is Aggravated Suffocation or Strangulation?

Suffocation and strangulation have aggravating factors, which are things that make the charge more serious. If a person is charged with strangulation or suffocation and there are aggravating factors, you need an experienced defense attorney on your side. Aggravating factors for strangulation or suffocation include:

Causing serious bodily harm.
Knowing or having reason to know that the victim is pregnant.
Knowing that there is an abuse prevention or restraining order in effect against the defendant.
Having a prior conviction for strangulation or suffocation.

What are the Defenses to a Strangulation or Suffocation Charge?

Some possible defenses include self-defense and lack of intent. We can also argue that you did not commit the offense or that someone else did.

If you are charged with strangulation or suffocation in Massachusetts, an experienced criminal defense attorney can help defend you. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500, and let’s get started on your defense!

Frequently Asked Questions (FAQs)

1. What are the legal consequences of strangulation or suffocation in Massachusetts?

Strangulation or suffocation is classified as a felony in Massachusetts, which can result in a prison sentence of up to five years and substantial fines. The severity of the consequences can increase if aggravating factors are present.

2. How can I prove my innocence if I am charged with strangulation or suffocation?

Proving your innocence may involve various defenses, such as demonstrating that you acted in self-defense, showing a lack of intent to harm, or providing evidence that someone else committed the offense. An experienced attorney can help build a strong defense strategy tailored to your case.

3. What should I do immediately after being charged with strangulation or suffocation?

If you are charged with strangulation or suffocation, it is crucial to seek legal representation immediately. Contact an experienced domestic violence or criminal defense attorney who can guide you through the legal process and help protect your rights.

4. Are there any specific aggravating factors that can increase the severity of my charge?

Yes, aggravating factors that can make a strangulation or suffocation charge more serious include causing serious bodily harm, knowing that the victim is pregnant, having an active restraining order against you, or having prior convictions for similar offenses.

5. Can I negotiate a plea deal if I am charged with strangulation or suffocation?

Yes, negotiating a plea deal is often possible in all criminal cases. An experienced attorney can help you understand your options and work towards a resolution that minimizes potential penalties while considering the specifics of your case.

The Right Strategy to Win Your Criminal Case

Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.

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(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)

Salem Office

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The Right Strategy to Win Your Criminal Case

Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.

Our Locations

Boston Office

(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)

Salem Office

Quick Links

Practice Areas

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