Strangulation Charge Lawyer in Lansing MI

The majority of strangulation charges in Michigan arise from domestic violence situations involving current or former intimate partners, spouses, or dating relationships. These cases often involve allegations of choking during an argument or physical altercation. Law enforcement in the Lansing area receives specialized training to identify signs of strangulation, including petechiae (small red spots in the eyes), neck tenderness, voice changes, or difficulty swallowing. Even without visible injuries, officers may arrest based solely on the alleged victim’s statement that pressure was applied to the neck.

Domestic violence strangulation charges are particularly complex because victims sometimes recant their statements or refuse to cooperate with prosecution. However, Michigan prosecutors routinely proceed with “evidence-based prosecution” even when victims don’t want to press charges. They’ll use 911 recordings, officer body camera footage, text messages, and medical records to build their case. We know how to challenge this evidence and expose inconsistencies that create reasonable doubt. Our domestic violence defense strategies focus on examining the relationship dynamics, investigating alternative explanations for injuries, and demonstrating when allegations are exaggerated or fabricated.

When strangulation allegations involve a child victim, prosecutors pursue these cases with extreme aggression. These charges can arise from discipline situations that escalated, babysitting incidents, or accusations made during custody disputes. Child abuse charges carry enhanced penalties and mandatory reporting to Child Protective Services, which can result in removal of children from your home even before trial.

The medical evidence in child strangulation cases is heavily scrutinized. Prosecutors often rely on expert testimony about hypoxia, airway obstruction, and the vulnerability of children’s developing airways to pressure. We work with our own medical experts to challenge the prosecution’s interpretation of injuries and timeline. Many child abuse allegations arise from custody battles where one parent weaponizes the criminal justice system against the other. We investigate the context surrounding accusations and expose motives for false reporting.

Sometimes strangulation charges are charged as attempted strangulation or assault with intent to strangle. These charges still carry serious felony penalties even though no actual impairment of breathing occurred. Prosecutors must prove you intended to strangle someone and took a substantial step toward doing so, such as grabbing someone’s neck or throat during an altercation.

These cases often hinge on witness testimony about your actions and statements during the incident. Defense strategies focus on challenging the alleged intent, demonstrating the contact was accidental or defensive, or showing the force used was insufficient to actually impede breathing. The distinction between a simple assault and attempted strangulation can mean the difference between a misdemeanor and a felony conviction.

When strangulation results in serious bodily injury requiring medical treatment, prosecutors may pursue enhanced charges. Serious injury includes documented brain injury from oxygen deprivation, injuries to the carotid artery, loss of consciousness, or significant psychological trauma requiring professional intervention. These enhanced charges can carry sentences up to 15 years in prison.

Medical documentation becomes critical in these cases. We carefully review all emergency room records, CT scans, and specialist evaluations to determine whether injuries are consistent with strangulation or could have alternative explanations. Sometimes injuries attributed to strangulation actually resulted from falls, pre-existing conditions, or self-inflicted harm. Our investigation examines the complete medical picture to challenge the prosecution’s narrative.

When strangulation occurs during the commission of other felonies, such as sexual assault, robbery, or home invasion, prosecutors stack charges that can result in decades in prison. These cases require aggressive defense strategies that address each alleged crime separately while challenging the prosecution’s theory of what actually occurred.

We also handle cases involving allegations of hanging or ligature strangulation, which prosecutors may charge as attempted murder or assault with intent to commit murder. These are some of the most serious criminal charges in Michigan, and they require immediate attention from an experienced criminal defense attorney who can protect your constitutional rights throughout the investigation and trial process.

We immediately contact you after arrest to discuss the circumstances, advise you on your rights, and prepare for your arraignment. At the bond hearing, we argue for reasonable bond amounts and push back against overly restrictive no-contact orders that force you from your home unnecessarily.

We don’t rely on the police investigation alone. Our team conducts our own investigation, interviewing witnesses, collecting surveillance footage, gathering medical records, and identifying evidence the prosecution overlooked. We work quickly because evidence disappears and memories fade.

Strangulation cases often involve complex medical evidence about oxygen deprivation, cerebral ischemia, and injury patterns. We consult with medical experts who can challenge the prosecution’s interpretation of injuries and provide alternative explanations for symptoms like petechiae, neck tenderness, or voice changes.

We carefully examine the alleged victim’s statements for inconsistencies, investigate their motivation for making accusations, and expose any history of false allegations or substance abuse that affects credibility. In domestic violence cases, we often uncover evidence that accusations were fabricated during custody disputes or to gain advantage in divorce proceedings.

We examine whether police violated your Fourth Amendment rights against unreasonable searches and Fifth Amendment rights against self-incrimination. If officers obtained evidence through illegal searches or coerced statements, we file motions to suppress that evidence.

If negotiations fail, we prepare aggressively for trial. We depose witnesses, file pretrial motions to exclude prejudicial evidence, and develop a compelling defense theory that creates reasonable doubt.

First Offense Strangulation

• Classification: Felony
• Maximum Prison: 10 years
• Maximum Fine: $5,000

Second Offense with Prior Domestic Violence Conviction

• Classification: Felony
• Maximum Prison: 15 years
• Maximum Fine: $7,500

Strangulation Causing Serious Injury

• Classification: Felony
• Maximum Prison: 15 years
• Maximum Fine: $7,500

Attempted Strangulation

• Classification: Felony
• Maximum Prison: 5 years
• Maximum Fine: $2,500

Beyond incarceration and fines, a strangulation conviction in Michigan creates lasting collateral consequences. You’ll have a permanent felony record that appears on background checks, making it difficult to find employment, secure housing, or obtain professional licenses. Many employers in the Lansing area conduct criminal background checks, and a violent felony conviction often results in automatic disqualification.

If you’re convicted of strangulation in a domestic violence context, you’ll lose your right to possess firearms under both Michigan and federal law. This prohibition is permanent and applies even if you don’t serve any jail time. For individuals who hunt, work in law enforcement or security, or simply value their Second Amendment rights, this consequence is devastating.

Strangulation convictions also affect immigration status for non-citizens. Crimes involving domestic violence are considered crimes of moral turpitude and aggravated felonies under immigration law, which can result in deportation or denial of naturalization. If you’re not a U.S. citizen, it’s critical that your criminal defense attorney understands the immigration consequences and works to avoid convictions that trigger removal proceedings.

Professional licensing boards in Michigan also impose discipline for felony convictions. Teachers, nurses, real estate agents, attorneys, accountants, and other licensed professionals may face suspension or revocation of their licenses following a strangulation conviction. Some professions have mandatory reporting requirements that trigger automatic investigations when you’re charged, even before conviction.

Child custody and parenting time are also at risk. Family courts in mid-Michigan view domestic violence convictions, especially those involving strangulation, as serious factors affecting custody decisions. You may lose custody rights or face supervised parenting time even if your children weren’t present during the alleged incident. The stigma of a strangulation charge can poison custody proceedings and damage your relationship with your children.

You have the right to use reasonable force to defend yourself from imminent harm. If you grabbed someone’s neck to push them away during an attack, or if you acted to protect yourself from violence, self-defense may apply. Michigan’s self-defense law doesn’t require you to retreat from an attacker in your own home, and you can stand your ground if you reasonably believed force was necessary. We present evidence of the alleged victim’s aggression, your fear of harm, and the proportionality of your response.

Similar to self-defense, you can use reasonable force to protect another person from imminent harm. If you intervened in a fight to protect your child, friend, or family member, this defense may apply even if your actions involved contact with someone’s neck or throat.

Unfortunately, false allegations of strangulation are common in domestic violence cases. People fabricate accusations to gain advantage in custody disputes, to retaliate after breakups, or to obtain protective orders that exclude you from your home. We investigate the alleged victim’s motivation, examine the timeline of accusations, and expose inconsistencies in their statements that prove the allegations are false.

The prosecution has the burden of proving every element of strangulation beyond a reasonable doubt. If there’s no medical evidence of injury, no witnesses to corroborate the alleged victim’s claims, and no physical evidence supporting their version of events, we argue that reasonable doubt exists. Many strangulation cases rely solely on the alleged victim’s word against yours, and we work to show why their testimony isn’t credible or reliable.

Sometimes injuries attributed to strangulation have alternative explanations. Redness on the neck could result from scratching, allergic reactions, or pre-existing skin conditions. Petechiae could result from vomiting, coughing, or straining. Voice changes could result from yelling or crying rather than pressure on the throat. We work with medical experts to challenge the prosecution’s interpretation of evidence.

If police obtained evidence through illegal searches, coerced confessions, or violated your Miranda rights, we file motions to suppress that evidence. Without the illegally obtained evidence, prosecutors may be unable to prove their case.

Understanding your constitutional rights is critical when facing a strangulation charge in Michigan. You have the right to remain silent, and you should exercise this right immediately. Many people believe that explaining their side of the story will help clear things up, but statements made to police are almost never helpful to your defense. Even if you believe you’re innocent, even if you think you have a valid explanation, do not speak to law enforcement without an attorney present.

You have the right to refuse searches of your person, vehicle, or home unless police have a valid warrant or probable cause. Officers investigating strangulation allegations in the Lansing area often try to obtain consent to search your phone for text messages, photos, or social media posts that might support their case. You can refuse these searches, and you should. Any evidence obtained through your voluntary consent can be used against you at trial.

You have the right to an attorney at every critical stage of the criminal justice process, starting from the moment of arrest. If you cannot afford an attorney, one will be appointed to you, but having your own criminal defense lawyer ensures you receive focused, personalized representation. Public defenders in Ingham County handle hundreds of cases simultaneously, and while many are excellent attorneys, they simply don’t have the time to investigate every case as thoroughly as a dedicated defense attorney can.

During police questioning, you have the right to stop answering questions at any time and request an attorney. Once you invoke this right, police must immediately stop questioning you. Don’t let officers pressure you into “clearing things up” or “giving your side of the story” before a lawyer arrives. We’ve seen countless cases where our clients’ own statements became the strongest evidence against them. Protect yourself by staying silent and calling Monument Legal immediately after arrest.

No, absolutely not. You should remain silent and request an attorney immediately.

Many people believe that explaining their side of the story will help clear things up, but police are trained interrogators who know how to use your statements against you. Even innocent explanations can be twisted to support the prosecution’s theory of the case. Officers investigating strangulation charges in Lansing often use tactics like minimizing the seriousness of the charge, suggesting that cooperation will help you, or claiming they just want to hear your side. Don’t fall for these tactics.

Exercise your Fifth Amendment right to remain silent, clearly state that you want an attorney, and contact Monument Legal immediately. We’ll protect your rights during questioning and ensure you don’t inadvertently provide evidence that damages your case.

It depends on many factors, including your criminal history, the severity of injuries alleged, the strength of the prosecution’s evidence, and the quality of your defense.

First-time offenders with strong defenses may avoid jail time entirely through negotiated plea agreements or dismissals. However, strangulation is a serious felony, and prosecutors in the Greater Lansing area pursue prison sentences aggressively, especially in cases involving significant injuries or prior domestic violence convictions.

Even without a conviction, you may spend time in jail immediately after arrest if you can’t post bond or if the judge denies bond. Having an experienced criminal defense attorney improves your chances of avoiding jail time by identifying weaknesses in the prosecution’s case early and negotiating favorable outcomes.
Don’t assume you’ll definitely go to prison, but take the charge seriously and get legal help immediately.

Most strangulation cases in mid-Michigan take between four and eight months to resolve, though complex cases involving serious injuries or multiple charges can take longer.

The timeline typically includes arraignment within 72 hours of arrest, preliminary examination within two weeks, pretrial conferences over several months, and either a plea agreement or trial. Cases that go to trial generally take longer because of the time needed for jury selection, witness preparation, and trial proceedings. The court’s schedule also affects timing, judges in Lansing’s 54A District Court, 54B District Court, and Ingham County Circuit Court handle hundreds of cases, and scheduling conflicts can delay proceedings.

While waiting for resolution is stressful, this time allows your criminal defense attorney to thoroughly investigate your case, negotiate with prosecutors, and prepare for trial if necessary. Quick resolutions aren’t always in your best interest if rushing prevents adequate preparation.

Yes, many strangulation cases result in reduced charges or complete dismissal.

Successful outcomes depend on factors like weaknesses in the prosecution’s evidence, constitutional violations by police, inconsistencies in witness statements, lack of medical evidence, and your criminal history. We’ve obtained dismissals in cases where the alleged victim recanted, where investigation revealed false accusations motivated by custody disputes, where medical evidence didn’t support claims of strangulation, and where police violated our clients’ constitutional rights. Even strong cases can be reduced to lesser charges like misdemeanor assault through skillful negotiation.

The key is having an attorney who investigates thoroughly, identifies defense opportunities early, and negotiates aggressively with prosecutors. The earlier you hire a criminal defense lawyer, the better your chances of achieving a favorable outcome. Contact Monument Legal immediately to start building your defense.

Your first court appearance is the arraignment, which typically occurs within 72 hours of arrest. At arraignment, the judge informs you of the charges against you, advises you of your constitutional rights, and sets bond conditions.

For strangulation charges in Michigan, prosecutors usually request high bonds and restrictive conditions including no-contact orders with the alleged victim. The judge will consider factors like your ties to the community, criminal history, employment status, and whether you pose a flight risk or danger to the alleged victim.
Having an attorney at arraignment is critical because we can argue for reasonable bond amounts and push back against overly restrictive no-contact orders.

If you can’t afford bond, you’ll remain in jail until trial or until bond is modified. After arraignment, the next court date is typically a preliminary examination where the prosecution must show probable cause that you committed the crime. This is an opportunity to challenge the evidence and potentially get charges dismissed or reduced.

If you’re convicted of strangulation, you’ll have a permanent felony record that appears on background checks. However, being charged doesn’t create a permanent record if the charges are dismissed or you’re acquitted at trial.

Arrest records may still appear in some background checks, but arrests without convictions have less impact on your life than convictions. Michigan’s expungement laws allow some felony convictions to be set aside after a waiting period, typically five years for felonies. Expungement removes the conviction from your public record, though certain government agencies may still have access.

Not all strangulation convictions qualify for expungement, especially if you have multiple convictions or committed other offenses. The best way to avoid a permanent criminal record is to fight the charges aggressively from the start. Our goal is to get charges dismissed or reduced to misdemeanors that have less lasting impact on your future. Don’t accept a felony conviction without exploring every defense option.

No, you should never plead guilty without consulting a criminal defense attorney and thoroughly investigating your case.

Many people plead guilty because they feel overwhelmed, they believe the evidence against them is strong, or they want to avoid the stress of fighting charges. However, pleading guilty to strangulation in Michigan means accepting a felony conviction with all its lasting consequences, including prison time, permanent criminal record, loss of gun rights, employment difficulties, housing problems, and custody issues. You may have defenses you don’t know about, or the prosecution’s case may be weaker than it appears.

Even if the evidence seems strong, an experienced attorney can often negotiate reduced charges or alternative sentencing that minimizes the impact on your life. Prosecutors in the Lansing area routinely offer more favorable plea deals to defendants with attorneys than to those representing themselves.

Don’t make permanent decisions based on temporary emotions. Contact Monument Legal for a free consultation before making any decisions about pleading guilty.

Yes, absolutely. Strangulation is a serious felony charge carrying up to 10 years in prison, and you need experienced legal representation to protect your rights and future.

The criminal justice system is complex, and prosecutors have significant resources and experience pursuing these cases. Representing yourself or relying on a public defender who handles hundreds of cases simultaneously puts you at a severe disadvantage. An experienced criminal defense attorney knows how to investigate strangulation cases, challenge medical evidence, expose false accusations, negotiate with prosecutors, and fight for you in trial if necessary.

We understand the science behind allegations of oxygen deprivation, cerebral ischemia, and airway obstruction, and we work with medical experts to challenge the prosecution’s interpretation of evidence. We also understand the local court system in East Lansing and mid-Michigan, including which arguments resonate with judges and juries. The stakes are too high to face these charges alone. Contact Monument Legal today for a free confidential consultation.

Being falsely accused of strangulation is devastating, but you can fight back with the right legal strategy. First, remain silent and request an attorney immediately. Don’t try to convince police of your innocence because your statements will be used against you.

Contact Monument Legal for emergency legal representation. We’ll immediately begin investigating the accusations, gathering evidence of your innocence, and identifying the accuser’s motivation for lying. False accusations often arise in custody disputes, during contentious breakups, or as retaliation for perceived wrongs. We examine text messages, social media posts, witness statements, and relationship history to expose lies and inconsistencies.

We also investigate whether the alleged victim has made false accusations in the past or has credibility problems. In cases involving children, we carefully examine whether accusations resulted from coaching, misunderstanding, or manipulation by adults. Don’t assume the truth will come out on its own, false accusations can result in convictions if you don’t fight back aggressively. The earlier you hire a criminal defense attorney, the better your chances of proving your innocence.

No, the alleged victim cannot drop strangulation charges in Michigan. Once charges are filed, only the prosecutor has authority to dismiss them.

However, the alleged victim’s cooperation or lack of cooperation significantly impacts the prosecution’s ability to prove the case. If the alleged victim recants their statement, refuses to testify, or stops cooperating with prosecution, it becomes much harder for prosecutors to obtain a conviction. Michigan prosecutors often proceed with “evidence-based prosecution” using 911 recordings, police reports, medical records, and witness statements even when the alleged victim doesn’t want to press charges.

Despite this, lack of victim cooperation often leads to reduced charges or dismissals because juries are skeptical of cases where the alleged victim doesn’t testify. If the alleged victim in your case wants charges dropped, your attorney can communicate this to prosecutors and negotiate for dismissal or reduced charges. However, even willing victims cannot unilaterally end prosecution, so you still need aggressive legal representation regardless of the victim’s wishes.