Rhode Island Domestic Strangulation Charges

An allegation of domestic assault by strangulation is extremely serious. In Rhode Island, domestic strangulation is a felony offense which puts the accused at serious risk of serving a jail sentence if convicted. The charge of domestic assault by strangulation is a recently enacted domestic violence law which punishes those convicted of committing a domestic assault and battery by strangulation with up to ten (10) years in jail. Strangulation is defined by the statute as “knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm.” 

Due to the fact that the domestic strangulation law in Rhode Island is relatively new, allegations of domestic strangulation are handled extremely harshly by both prosecutors and judges. As a Rhode Island Domestic Strangulation Attorney, I have seen the Police and Prosecutors seriously “overcharge” such cases in which the alleged action does not meet the statutory definition of “strangulation.” This means that a first time offender ends up facing up to 10 years in jail on an extremely serious felony charge instead of 1 year in jail on a first offense misdemeanor domestic assault and battery. These serious charges require a skilled and aggressive legal advocate to help you in successfully navigating your case to the best possible outcome.

Contact our Rhode Island Domestic Strangulation Lawyers 24 hours a day, 7 days a week by phone at 401-228-8271.

Rhode Island Domestic Strangulation Laws

R.I. Gen. Laws § 11-5-2.3

§ 11-5-2.3. Domestic assault by strangulation.

(a) Every person who shall make an assault or battery, or both, by strangulation, on a family or household member as defined in subsection 12-29-2(b), shall be punished by imprisonment for not more than ten (10) years.

(b) Where the provisions of “The Domestic Violence Prevention Act,” chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.

(c) “Strangulation” means knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm.

Contact An Experienced Rhode Island Domestic Strangulation Attorney Today 

Attorneys Marin, Barrett, and Murphy – Phone 401-228-8271

Penalties for Rhode Island Domestic Assault Charges

Penalties for Domestic Strangulation in Rhode Island

- Up to Ten Years in Jail
- Mandatory Batters Intervention Program (domestic violence counseling)
- Mandatory Increased Court Costs

Rhode Island Domestic Strangulation Charges - Areas We Serve

- Providence District Court - Barrington, Bristol, Burrillville, Central Falls, Cumberland, East Providence, Pawtucket, Providence, Woonsocket, Warren
- Kent County District Court - Coventry, Cranston, East Greenwich, Foster, Glocester, Johnston, Lincoln, North Kingstown, North Providence, North Smithfield, Scituate, Smithfield, Warwick, West Warwick
- Washington County District Court - Block Island (New Shoreham), Hopkinton, Narragansett, Richmond, South Kingstown, Westerly
- Newport District Court - Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton

Contact An Experienced Rhode Island Domestic Violence Defense Lawyer Today 

Attorney’s Marin, Barrett, and Murphy – Phone 401-228-8271