Strangulation charges in Pennsylvania are serious. Here’s why. At judicial conferences all over the state, the judges are taught that the most common factor or indicator of future domestic violence and/or the “next step” beyond strangulation is murder. No elected judge in PA wants to be the one on the front page who gave a “slap on the wrist” to someone accused of domestic violence and especially strangulation. Don’t be a scapegoat. Call it what it is: fear-mongering. Show
We won’t let the DA and the courts run you over. When people ask: “Who is the best strangulation charge defense attorney near me?” The answer always comes back to us: The McShane Firm. When you deserve the very best assault charges attorney, do what your neighbors and friends have been doing for nearly 20 years, call us. Professional, Reliable, and Trustworthy AnonymousMy husband hired Jason and our trial was today, he was extremely professional and very knowledgeable. I would recommend this firm to anyone. Jason thank you for everything, you are a rockstar!! Needless to say we WON!!! We did it!! Now we can go back to our normal lives thanks to him. Thank you from Mr. and Mrs. Althouse G.A.Saved my Life AnonymousMy attorney Timothy Barrouk did a wonderful job by getting my charges dismissed. He was helpful the whole time and I could call him whenever I had any sort of questions. A.G.Justin McShane and his firm are the best in the nation. They handle and win the toughest cases on a regular basis. Justin and his wife are not only trial lawyers but they are also scientist. When a lawyer can combine this type of knowledge, tenacity and trial skills…it’s a work of art. If they will take your case, you are very lucky. When you can’t afford to lost, you call the McShane firm. M.T.I cannot thank them enough for the outcome of my case. Attorney Tim Barrouk was dealing with a client who was on edge, never been arrested, and didn’t trust him 100% in the beginning, but he came recommended so he was my lawyer. I remember offering to hire a second attorney to help and he reassured me he had it under control. After a while it appeared I made a great choice. He knew the pros & cons of every judge my case was assigned to, he knew when to talk and when to listen in court, he didn’t let me take a bad deal, never pressured me, and responded to every text or call I ever placed to him. Cathi Lee kept me updated on where to be and when to be there. and was always available also. I was facing an Aggravated Assault charge causing serious bodily injury, simple assault, unlawful restraint, and 4 other misdemeanor charges and facing up to 10+ years in state prison. I never denied what I did and there was even video of me doing it. At the end of the day, All my charges were dropped and replaced with one summary offense of disorderly conduct and I was sentenced to pay a $25 fine plus court costs. Tim was always honest, and even told me flat out, these charges fit what you did but your case is triable and we’re gonna work for the best outcome. There were no promises or bs, just facts and business. Thank you Tim and the rest of The McShane Firm for getting me justice and not letting me get lost in the system. D.W.The Law:You can read the exact statute here:18 PS § 2718. Strangulation. Why do the courts and DA’s Office take these cases so seriously?At judicial conferences, Victim/Witness advocates teach judges the following: “Women who experience any kind of strangulation, they’re more likely to be murdered at a future time.” They are fond of pointing out that one study that found the chances of being murdered in the future increased dramatically if you have been strangled. It claims that many victims who are killed reported in the past their abuser had strangled them. There are plenty of flaws in this study. But it has shaped the court’s response to these charges. In their minds and in the minds of DAs, strangulation means future murderer. No marks=still chargesYou would like to think that in America, you can only be charged with a crime if there is proof, not merely someone’s say so. Despite common sense and the laws of physics and application of force, “experts” teach DAs and officers that “many times” victims will not have any visible injuries but could have brain damage due to the lack of oxygen after an attack. So, these victim/witness advocates have “juiced” the system against you in the myth that that during a fight and during an unwanted strangulation event there will be no evidence. Doesn’t that defy just about everything you have ever heard of? In the clinical world, the signs of strangulation are well recorded.While it is true that this list is not exhaustive and all signs here will not show up every single time, to say that none will show up during a fight defies logic and the volumes of clinical literature that has been published for hundreds of years. Here are the recognized signs of strangulation:
But just because there is a mark doesn’t mean guiltyThere are lots of non-criminal and non-strangulation events that can very much mimic signs of strangulation. Consider this one from a case we recently had. Here is the police photo:  In this case study, a well-intentioned school teacher reported seeing these marks on her student. The police investigated. For over an hour, the police detective grrilled the teenager without a parent present. Despite the fact that the teenager said there was no strangulation, the police had a fixed mindset and charged her dad anyway. A jury found him not guilty. It wasn’t strangulation. It was just a kid playing her violin… a lot. What the government must prove:Presumption of InnocenceFirst it’s about a mindset. Even experienced criminal defense attorneys adopt the wrong mindset. When the government charges you with any crime, it is just a naked allegation. While it is true that the government does not have to prove the complete and total impossibility of guilt, a reasonable doubt is a doubt based upon reason and common sense—the kind of doubt that would make a reasonable person hesitate to act. Second, the power of the oath makes it so jurors must follow the law. The law includes the command that the accused at all times has the presumption of innocence. A criminal trial is not where the jury is being asked to decide who told the better story or if the government told a story that is possible or even very very likely. It is about the government’s case. The jury is no refereeThe jury is not there to be a referee. That’s the judge’s role. The jury is not standing in between the prosecutor and the accused. The jury is on the side of the accused. The court isn’t asking the jury to choose which side is better. So in the jury deliberation room, the jury needs to act consistent with that presumption of innocence. To do that, jurors ought to start with the verdict slip marking the verdict as not guilty before a word is uttered, before the foreperson is selected and before anyone even sits. This is done with ink because of how hard it is to erase is like how hard it is to remove that presumption of innocence. Beyond a reasonable doubtThe only way the jury can lawfully and with a good conscious give a verdict of guilty, and leave our side, is if the prosecutor presents such quantity and quality of evidence that the only reasonable interpretation of the facts is that of guilt. A brick wall called reasonable doubt now stands before us all. Unless the government knocks down every brick, doubt still exists, and you go home. Reasonable doubt can come out of the evidence (what someone said, what someone said they saw, what someone said they did) or FROM A LACK OF EVIDENCE (somethings that the government didn’t explain, what doesn’t make sense, questions unanswered, or anything). The elements (requirements) for Strangulation:The government must prove beyond a reasonable doubt ALL of the following parts:
The law further reads: “Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section.” Statutory defenseTheres is one statutory defense to this. A statutory defense is one in which the judge must allow you to argue and advance in court. Consent (by someone over the age of 18) is a defense. Maximum PenaltiesTechnically, the law reads as follows:
Choosing the right attorney makes all the difference in the max penaltiesDespite how the law reads, in the law of strangulation where we have the elements of the crime, none of the enhancing factors based upon relationships to people and circumstances exist. As such, these enhancing factors are a fact that changes the maximum sentence. The fact that changes the maximum is never put before the jury. As such, it is presumptively unconstitutional to enhance this crime above a M2. The only exception to this inability to enhance the maximum is in this case “(iii) the defendant has previously been convicted of an offense under paragraph (2) or a substantially similar offense in another jurisdiction.” I can almost for certain guarantee you that the local police, state police or the DA may not know this. We do. We use it to your advantage. Our position on the maximum penalty for all strangulation cases:It is a misdemeanor of the second degree unless you have a prior conviction for strangulation in which case it then is felony of the third degree.
What to do to save yourselfAgain, this is if the worst thing happens. We make sure the worst doesn’t happen. Let’s see how we can fight and beat the government, ok? All you have to do is contact us. We will come running. Ecce ego sum. Mitte me. |
How to beat a strangulation charge
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