Indiana Strangulation Laws: Penalties and Defenses
Introduction: Understanding Indiana’s Strangulation Laws
Strangulation is a serious criminal offense in Indiana. It is often charged in domestic violence cases, but it can also arise in altercations, self-defense situations, or false accusations.
If you are facing strangulation charges, you need to understand:
✔ How Indiana law defines strangulation
✔ When it is charged as a felony vs. a misdemeanor
✔ The penalties you could face
✔ Possible defenses that may apply to your case
📞 Charged with strangulation? Protect your future—call Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
How Indiana Law Defines Strangulation
Under Indiana Code § 35-42-2-9, a person commits strangulation if they:
✔ Intentionally apply pressure to another person's throat or neck
✔ Block another person’s nose or mouth
✔ Interfere with their ability to breathe or restrict blood circulation
✔ Do so in a rude, angry, or insolent manner
📌 TIP: The prosecution does not need to prove that the victim lost consciousness—only that they were unable to breathe for a period of time.
Is Strangulation a Misdemeanor or Felony in Indiana?
🚨 Strangulation is always charged as a felony in Indiana.
| Charge | Classification | Potential Penalties |
|---|---|---|
| Strangulation (Basic Offense) | Level 6 Felony | 6 months to 2.5 years in prison, fines up to $10,000 |
| Strangulation with Aggravating Factors | Level 5 Felony | 1 to 6 years in prison, fines up to $10,000 |
When Strangulation is a Level 6 Felony
🔹 If the act meets the legal definition above but no serious bodily injury occurs, it is a Level 6 felony.
When Strangulation is a Level 5 Felony
🔹 Strangulation becomes a Level 5 felony if:
✔ The defendant has prior convictions for strangulation or domestic violence.
✔ The act results in serious bodily injury to the victim.
✔ The victim is a pregnant woman.
📌 TIP: Prosecutors may add additional charges, such as domestic battery, confinement, or attempted murder, depending on the circumstances.
Potential Defenses to Strangulation Charges
Being charged with strangulation does not automatically mean a conviction. Common defenses include:
✅ 1. Self-Defense
✔ If the alleged victim was the aggressor, you may have acted in self-defense to protect yourself.
✔ Indiana law allows you to use reasonable force to defend against an attack.
✅ 2. Lack of Intent
✔ The law requires that strangulation be intentional—if the act was accidental or incidental (such as during a struggle), this could be a defense.
✔ Example: A person grabbing someone’s collar in an argument may not have intended to restrict their breathing.
✅ 3. False Accusations
✔ Strangulation cases often arise in domestic disputes, where emotions are high.
✔ Accusers sometimes exaggerate or fabricate allegations out of anger or revenge.
✔ A strong defense may include witness testimony, medical records, and prior inconsistencies in the accuser’s statements.
✅ 4. Lack of Physical Evidence
✔ Many strangulation cases rely only on the alleged victim’s word.
✔ If there are no medical records, photos, or physical signs of strangulation, it may be harder for the prosecution to prove the charge.
📌 TIP: An attorney can challenge weak or conflicting evidence in court.
The Impact of a Strangulation Conviction
🚨 A conviction for strangulation can have long-term consequences, including:
✔ A permanent criminal record
✔ Loss of gun rights (if convicted of domestic violence strangulation)
✔ Difficulty finding employment (especially in healthcare, education, or law enforcement)
✔ Restraining orders or loss of child custody
📌 TIP: A strangulation charge can often be reduced or dismissed with the right defense strategy.
Why You Need an Attorney for a Strangulation Charge
🚨 Strangulation is a serious felony charge—defending yourself without an attorney is risky.
An experienced defense lawyer can:
✔ Investigate whether evidence supports the charge
✔ Challenge inconsistent or exaggerated claims
✔ Present medical evidence that contradicts the prosecution’s case
✔ Negotiate to reduce charges or dismiss the case
📞 Facing strangulation charges? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.
Conclusion: Protect Your Rights if Charged with Strangulation
🚨 Strangulation is a felony in Indiana, and a conviction can have life-altering consequences.
✔ Understand the law and potential penalties.
✔ Know your legal defenses.
✔ Act quickly to build your case.
✔ Hire an experienced criminal defense attorney.
📞 Need legal help? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
Schedule a Consultation
