Strangulation Laws and Penalties

Non-fatal strangulation and suffocation are serious offenses, even if the victim shows no external signs of injury. It takes minimal force to deprive the brain and other organs of blood and oxygen, which can result in short-term or long-term health problems in a matter of seconds. State and federal lawmakers have enacted tough penalties in light of these effects and the high occurrence of strangulation in domestic violence crimes.

Strangulation and Suffocation Crimes

Every state, the federal government, and the District of Columbia makes it a crime to knowingly strangle or suffocate another person, without their consent, in a manner that risks bodily harm. These crimes generally don't require proof of visible, physical injury. It's the risk of harm that counts. Many states and federal law make assault by strangulation or suffocation a felony.

How State and Federal Criminal Laws Define Strangulation and Suffocation

States have taken different approaches to strangulation crimes. Some have created new strangulation laws, while others have added strangulation to their assault and battery crimes. A few do both. The federal law takes the latter approach by making it an assault crime to strangle or suffocate an intimate partner.

Strangulation refers to intentionally, knowingly, or recklessly impeding another's normal breathing or blood circulation, without consent, by applying pressure to their throat or neck (and sometimes chest).

Suffocation involves the intentional, knowing, or reckless impeding of another's normal breathing, without consent, by blocking their nose or mouth.

Commonly, the definition or statute will specify that visible injury is not an element of the crime or that it's enough to attempt to cause bodily harm.

Is Strangulation a Domestic Violence Offense?

Strangulation is one of the most lethal forms of domestic violence. Non-fatal strangulation represents one of the most serious indicators that domestic or intimate partner violence will escalate. A domestic violence victim's odds of being killed by their partner increase by 750% if the partner has previously strangled them. (Glass, Laughon, and others (2008).)

Due to its prevalence and lethality in domestic violence cases, many states created new domestic assault by strangulation crimes or increased the penalties for this form of domestic violence. But unlawful strangulation isn't limited to domestic violence offenses. In all jurisdictions, strangulation and suffocation can be charged as general assault or battery, which is defined as unwanted and offensive contact against another person. Attempted murder or manslaughter charges could also be filed in some cases. Several states' strangulation laws apply to any victim, not just intimate partners and family members.

Why Have New Strangulation Crimes

As noted above, strangulation and suffocation are forms of assault and battery. While prosecutors can file assault-and-battery charges in strangulation cases, these crimes typically carry penalties based on harm to a victim. Because strangulation and suffocation don't always lead to visible injuries (and most times don't), prosecutors had been limited in what they could charge. Even a near fatality might only warrant mere misdemeanor assault charges.

States and the federal government responded to the seriousness of these offenses with new strangulation and suffocation crimes that don't require proof of visible injuries to impose harsher penalties.

Facts About Strangulation and Suffocation

Research shows that small amounts of pressure (around 4 pounds) to the neck or throat can lead to death in one to five minutes. Four pounds is less than the pressure of a handshake. It takes only 5 to 10 seconds for a victim to lose consciousness. Strangulation can even result in delayed deaths that occur days or weeks after an attack, due to carotid artery dissection, blood clots, respiratory complications, or strokes.

Only half of strangulation victims have external signs of injuries. Yet research is showing that strangulation and suffocation can result in numerous short-term and long-term health problems from neck pain and broken blood vessels to brain injuries and death. Several organizations are providing training for law enforcement and medical professionals to recognize signs of non-fatal strangulations.

Is Strangulation a Felony?

Many states and the federal government make strangulation crimes a felony offense. Some jurisdictions reserve the harshest penalties for strangulation or suffocation involving an intimate partner or family member, while others apply these penalties to cover any victim. Several states added strangulation and suffocation to their general assault and domestic assault offenses.

State Penalties for Strangulation Crimes

Below are a few examples of state strangulation laws and penalties.

Florida makes it a third-degree felony to commit battery by strangulation. The same penalty applies to domestic battery by strangulation. A person commits battery by strangulation by knowingly impeding the victim's normal breathing or blood circulation, against their will, by applying pressure on their throat or neck or blocking their nose or mouth and creating a risk of great bodily harm. (Fla. Stat. §§ 784.031, 784.041 (2025).)

New Jersey makes it aggravated assault to knowingly or recklessly obstruct the breathing or blood circulation of a current or former spouse, household member or dating partner, or someone with whom the person shares a child. The law makes it a felony-level offense when the defendant causes or attempts to cause bodily harm. This crime of the second degree carries 5 to 10 years of prison time. (N.J. Stat. § 2C:12-1 (2025).)

New York has three offense levels for strangulation crimes. Criminal obstruction of breathing or blood circulation is a class A misdemeanor. This offense doesn't require proof of physical harm or intent to injure. If obstruction causes stupor, loss of consciousness, or any other physical impairment, the crime becomes a class D felony for strangulation in the second degree. Causing serious physical harm to the victim makes the offense a first-degree offense and a class C felony. (N.Y. Penal Law §§ 121.11, 121.12, 121.13 (2025).)

Pennsylvania's misdemeanor strangulation law requires no proof of injuries to commit the offense. Felony penalties apply when committed against a family or household member or a care-dependent person or during sexual violence. Harsher first-degree felony penalties apply when the defendant is restrained by a protection order covering that victim, used a ligature or other instrument, or has prior strangulation convictions. (18 Pa.C.S.A. § 2718 (2025).)

Federal Penalty for Intimate Partner Strangulation

Federal law makes it a 10-year felony to assault a spouse, intimate partner, or dating partner by strangulation, suffocation, or attempted strangulation or suffocation. The law specifically states that it's a crime regardless of whether the conduct resulted in any visible injury or the offender intended injuries. (18 U.S.C. § 113 (2025).)

Additional Resources

Below are additional resources on strangulation and suffocation crimes, research, and policy issues.

Training Institute on Strangulation Prevention

• Strangulation Legislation: A 50-state resource
• Strangulation Fact Sheet

Facts and Myths on Domestic Violence and Strangulation: WingsProgram.com

The Dangers of Strangulation: National Domestic Violence Hotline

Center for Sexual Health Promotion at Indiana University

Getting Legal Help

If you face criminal charges for strangulation, contact a criminal defense attorney or public defender. A lawyer can help you understand the severity of the charges and defend your rights.