Non-Fatal Strangulation
Non-fatal strangulation is a serious violent offence, and a conviction can have far-reaching consequences for your career, relationships and future prospects. When you are facing non-fatal strangulation charges, you can depend on Newtons Solicitors to protect your legal rights and argue your case.
What Is Non-Fatal Strangulation?
Non-fatal strangulation is a criminal offence which occurs when someone applies pressure to the victim’s neck or throat, restricting airflow without causing immediate death. It is treated as a serious offence due to its life-threatening medical consequences, including brain damage, and lasting psychological trauma.
The police and Crown Prosecution Service (CPS) recognise non-fatal strangulation as a distinct form of harm, control and intimidation. Under Section 70 of the Domestic Abuse Act 2021, it is a crime to intentionally restrict someone’s airflow, which commonly indicates future lethal danger to the victim.
Defences Against Non-Fatal Strangulation
Non-fatal strangulation cases can have various aggravating factors which increase the perceived severity of the offence, such as whether the alleged attack was prolonged, involved alcohol or a weapon, or caused the complainant lasting trauma. On the other hand, mitigating factors, such as genuine remorse, no prior convictions or particular circumstances, can reduce the sentence for non-fatal strangulation in the UK. There are also several lines of defence that you could choose to take when presenting your case to the police or in court:
- Denial that strangulation occurred
- Lack of intent
- Self-defence
- The complainant gave consent
- There are inconsistencies in the complainant’s account
- There is a lack of supporting medical or forensic evidence
These circumstances are difficult to prove and require a qualified legal representative to build the most robust defence and work towards the best possible outcome.
How Solicitors Defend Against Non-Fatal Strangulation Allegations
You need expert legal representation if you are suspected of, or arrested for, non-fatal strangulation. This entails instructing a qualified solicitor to manage your case, provide guidance, construct a defence, negotiate with the police or prosecutors, and potentially speak on your behalf in court. When you could be facing a sentence for non-fatal strangulation in the UK, you can expect our solicitors to act in the following circumstances:
Pre-Charge Representation
If you exercise your right to legal aid once you have been arrested under suspicion of non-fatal strangulation, our solicitors can come and provide advice right away. At the police station, we will strategise in advance of interviews, gather and preserve evidence for later use in your defence, and use legal tactics to try to persuade the police to drop the charge.
Court Proceedings
Whether your case is heard in the Magistrates’ Court or the Crown Court, our assault and abuse solicitors will work to mount a strong defence and advocate on your behalf. As your representative, they will also prepare you for every stage of the prosecution and tell you what to expect.
Sentencing and Mitigation
Your solicitor will also help you to negotiate your plea, advising you on the strength of the prosecution’s case and the likely outcomes of each path. They will present mitigating factors if you plead guilty and argue your innocence if you plead not guilty, striving to minimise or avoid a potential sentence.
Expert Advice on Non-Fatal Strangulation Law in the UK
Our expert legal representatives offer clear, direct advice on defending against a non-fatal strangulation charge in the UK. Loyal, discreet and dedicated to fighting for your best outcome, Newtons criminal law solicitors will do everything possible to protect your legal rights and preserve your reputation. We have offices across the North of England; please contact us to arrange an initial consultation or call 0800 038 5500 for urgent enquiries.
FAQs
In the UK, non-fatal strangulation sentencing guidelines state that, if found guilty, you could face between 18 months and five years in prison. The maximum sentence rises to seven years if the alleged offence is racially or religiously aggravated.
The law does not require visual evidence of an injury to convict for non-fatal strangulation. In a criminal case, the prosecution must prove beyond a reasonable doubt that you intentionally strangled the victim or committed an act that affected their ability to breathe, such as compressing their chest or covering their airways, and that they did not consent.
Non-fatal strangulation is an ‘either-way’ offence and is tried in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the alleged offence. The case will begin in the Magistrates’ Court and will either remain there or move to the Crown Court.
Contact our non-fatal strangulation solicitors
We understand that navigating criminal law can feel daunting, so our highly experienced team is here to assist you through the whole process. We provide strategic, tailored advice to meet your needs and protect your interests on everything from motoring offences, domestic violence, legal representation at a police station and more.
Please get in touch with Newtons today and our criminal law solicitors will advise you on the best steps forward.