Strangulation Charges in Columbus, Ohio: Don’t Face Them Alone

In April 2023, Ohio implemented Senate Bill 288, establishing strangulation as a distinct felony offense under Ohio Revised Code 2903.18. Previously prosecuted as misdemeanor domestic violence, strangulation charges in Columbus, Ohio, now carry significantly harsher penalties to address the high lethality risk involved. 

Today, prosecutors can pursue felony convictions based solely on the impairment of breath or circulation, even without visible injuries, making a precise understanding of these statutory standards essential for a robust defense.

What Are Strangulation Charges?

Strangulation charges are distinct from general assault and carry specific legal definitions that prioritize the mechanism of injury over the visible result.

• Legal Definition: Criminal accusations based on impeding normal breathing or blood circulation.
• Mechanism of Injury: Focuses specifically on pressure applied to the throat or neck, unlike general assault.
• Felony Status: Classified almost exclusively as a strangulation felony in Ohio under current law.
• Evidence Standard: Prosecutors need only prove a “substantial risk” of harm, not permanent injury.
• DV Distinction: Domestic violence strangulation in Ohio is legally separate from misdemeanor domestic violence (e.g., pushing).
• Defense Necessity: Complex medical evidence often requires a Columbus criminal defense lawyer.

Legal Definition of Strangulation

The core of the offense is codified in Ohio Revised Code 2903.18, which outlines the specific elements the prosecution must prove beyond a reasonable doubt.

• Statutory Basis: Governed strictly by Ohio Revised Code 2903.18.
• Prohibited Conduct: Knowingly causing or creating a substantial risk of physical harm via strangulation.
• Mental State: The state must prove the defendant acted “knowingly” (aware of the probable result).
• Strangulation: Defined as impeding breath or circulation by applying pressure to the throat or neck.
• Suffocation: Defined as blocking the nose or mouth to prevent air intake.
• Defining “Strangulation or Suffocation”

Under Ohio Revised Code 2903.18, the legal definition of strangulation is broad and encompasses multiple forms of physical contact. It is not limited to “choking” in the colloquial sense but specifically targets acts that disrupt the body’s vital functions.

• Application of Pressure: This includes manual strangulation (using hands or fingers) or ligature strangulation (using an object like a cord or clothing) to compress the neck.
• Blocking Airway: This creates a suffocation charge, involving covering the nose or mouth to physically prevent air intake.
• Impeding Circulation: This refers to compressing the carotid arteries or jugular veins. This form of strangulation is particularly dangerous as it can cause unconsciousness in seconds, even without fully blocking the airway.

The Mental State: “Knowingly”

A crucial element of a strangulation felony charge is the mental state of the accused. The prosecution does not need to prove an intent to kill; they must only prove the defendant acted “knowingly.”

• Legal Threshold: A person acts knowingly when they are aware that their conduct will probably cause a certain result.
• Awareness vs. Purpose: It is irrelevant if the defendant did not intend to cause injury. If they were aware that squeezing the throat would impede breath, the element is met.
• Exclusions: Genuine accidents or reflexive actions during a fall or mutual scramble generally do not meet the “knowingly” threshold.

Types of Harm That Elevate Strangulation Charges

In Ohio criminal law, the specific degree of harm inflicted significantly impacts the severity of the charge and the potential penalties for strangulation in Ohio. The statute draws a sharp line between general “physical harm” and “serious physical harm.”

Physical Harm vs. Serious Physical Harm

Prosecutors analyze medical evidence and victim statements to categorize the injury. This distinction often determines whether the accused faces a third-degree or second-degree felony.

• Physical Harm: Defined as any injury, illness, or physiological impairment, regardless of gravity. In strangulation cases, this often includes temporary redness, scratch marks, or a sore throat.
• Serious Physical Harm: This involves a substantial risk of death, partial or total permanent incapacity, or acute pain resulting in substantial suffering.
• Loss of Consciousness: Prosecutors frequently argue that any loss of consciousness (passing out) qualifies as serious physical harm, elevating the charge to a second-degree felony.

Felony Levels and Penalties for Strangulation in Ohio

Ohio law categorizes strangulation into different felony degrees based on the severity of the injury and the relationship between the parties. Unlike simple assault, there is no misdemeanor version of strangulation under ORC 2903.18; it is strictly a felony offense.

Felony Levels & Penalties for Strangulation (ORC 2903.18)

Factors That Influence Sentencing

Several factors can influence where a specific case falls within these ranges:

• Prior Convictions: A history of violence significantly increases the likelihood of an F2 charge.
• Victim Status: If the victim is a family or household member, the baseline is typically an F4 rather than an F5.
• Medical Evidence: The presence of petechiae (burst blood vessels in the eyes) or other objective medical signs can lead prosecutors to pursue F2 charges alleging serious physical harm.

Strangulation vs Assault Under Ohio Law

One of the most common questions regarding these statutes is the difference between strangulation and assault in Ohio. While both involve physical confrontation, they are distinct legal theories with different burdens of proof and penalty structures.

Assault (ORC 2903.13) generally covers causing or attempting to cause physical harm. Strangulation (ORC 2903.18) is narrower, focusing on the method (impeding breath/blood) rather than just the result. 

Strangulation vs Assault in Ohio

Common Evidence Used in Strangulation Cases

In domestic violence strangulation cases, evidence collection is critical. Because strangulation often leaves no external marks, prosecutors and law enforcement utilize specific investigative techniques to build a case.

Objective Medical Findings

• Petechiae: Pinpoint, round spots that appear on the skin (often eyelids or eyes) as a result of bleeding. This is a hallmark sign of strangulation.
• Neck Contusions: Bruising patterns that may match fingers (manual) or an object (ligature).
• Subconjunctival Hemorrhage: Broken blood vessels in the white of the eye.
• Internal Trauma: Edema (swelling) of the larynx or damage to the hyoid bone, often discovered via CT scan or X-ray.

Non-Medical Evidence

• 911 Calls: Recordings capturing the victim’s voice, which may sound raspy or breathless immediately following the incident.
• Witness Statements: Observations from neighbors or other household members who heard gasping or struggles.
• Body Camera Footage: Immediate on-scene video documenting the demeanor and physical condition of all parties.

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Potential Legal Defenses to Strangulation Charges

A Columbus criminal defense lawyer will analyze the specific facts of the case to identify viable defenses to strangulation charges in Ohio. Each case is unique, but several legal strategies are commonly examined in Ohio courts.

Self-Defense

Under Ohio law, a person has the right to defend themselves if they have a bona fide belief that they are in imminent danger of bodily harm. This is an affirmative defense that requires specific criteria:

• Imminent Danger: The accused must prove they believed they were in immediate danger of bodily harm.
• Proportional Force: The force used must be proportional to the threat.
• Protective Action: If pressure was applied to the neck while trying to repel an attack or escape a chokehold initiated by the other party, this may constitute valid self-defense rather than criminal strangulation.

Lack of Intent (Accident)

The statute strictly requires the defendant to act “knowingly.” If the mental state cannot be proven, the charge may fail.

• Defining “Knowingly”: The state must prove the defendant was aware that their conduct would likely impede breathing.
• Accidental Contact: If the contact with the neck was accidental during a mutual struggle, for example, grabbing a shirt collar to restrain someone or slipping during a wrestling match, the specific intent to impede breathing is absent.
• Reflexive Actions: Reflexive movements during a fall or erratic struggle do not meet the statutory threshold for “knowingly.”

False Allegations

In high-conflict divorces or custody battles, false allegations of domestic violence are sometimes made to gain leverage in family court. Defense counsel investigates these claims by examining:

• Credibility of the Accuser: Analyzing prior statements and potential motives for fabrication.
• Inconsistencies: Identifying contradictions in the timeline or details provided to police versus 911 dispatchers.
• Corroborating Evidence: Highlighting the lack of independent witnesses or digital evidence to support the accuser’s version of events.

Insufficiency of Evidence

Because strangulation relies on the specific mechanism of impeding breath or circulation, the burden of proof regarding the nature of the injury is high.

• Challenging the Mechanism: The defense may argue that while a physical altercation occurred (potentially constituting simple assault), actual strangulation did not take place.
• Absence of Medical Signs: If there are no petechiae (burst blood vessels), no loss of consciousness, and no raspy voice or difficulty swallowing, prosecutors may struggle to prove the “impeding breath” element beyond a reasonable doubt.

Long-Term Consequences of a Strangulation Conviction

A conviction for strangulation felony in Ohio carries consequences that extend far beyond prison time and fines. These “collateral consequences” can permanently alter an individual’s socio-economic status.

• Firearm Rights: Under both Ohio and Federal law, a felony conviction (and many domestic violence convictions) results in a permanent prohibition on owning or possessing firearms.
• Employment: Many professional licensing boards (nursing, medical, education, law) will revoke licenses for felony convictions, particularly those involving violence.
• Housing: Background checks for rental properties often flag violent felonies, making it difficult to secure housing.
• Child Custody: A conviction for strangulation against a household member can be a decisive factor in family court proceedings regarding custody and visitation rights.

Protect Your Future With The Meade Law Group

Facing a strangulation felony charge can have life-altering consequences, from mandatory prison sentences and heavy fines to a permanent criminal record and the loss of firearm rights.

At The Meade Law Group, our experienced Columbus criminal defense lawyers scrutinize medical evidence, witness credibility, and police procedure to protect your rights and seek the most favorable outcome under the law. We navigate every step of the criminal process, from the initial bond hearing to courtroom advocacy, ensuring a robust defense against these serious allegations.

Don’t risk your freedom or your reputation on a complex felony charge.

Contact The Meade Law Group today for a confidential consultation.

Frequently Asked Questions (FAQs)

The following table addresses common inquiries regarding strangulation statutes in Ohio.