In Wisconsin, Strangulation and Suffocation is either a Class H or Class G Felony (if previously charged with a , meaning that the maximum penalty is 6 years or 10 years prison and/or $10,000.00 or $25,000.00 fine, if convicted. To prove you committed Strangulation and Suffocation, the State must prove beyond a reasonable doubt that (1) you impeded the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of (name of victim); and (2) that you did so intentionally.
You can be found guilty of strangulation and suffocation if the state proves beyond a reasonable doubt that you intentionally obstructed the normal breathing of another person by either applying pressure to their throat or neck or by blocking their mouth and nose. There are potential defenses to strangulation. To constitute stalking, the law requires proof that sufficient pressure was applied to impede normal breathing or the circulation of blood. Additionally, following a domestic altercation, particularly resulting in a breakup, an individual who calls police may exaggerate physical acts, particularly when they call police still upset from the event. Each case requires a careful and thorough examination of the specific facts of the case. Our law firm has a history of success providing clients with successful defenses to these charges, resulting in charges being dismissed before trial. Please contact our firm to schedule a consultation with one of our attorneys to discuss the facts of your case.