“Strangulation” and “suffocation” are defined differently in Massachusetts; however, they are paired together into one criminal charge. According to G.L. c. 265, § 15D, strangulation is “the intentional interference of the normal breathing or circulation of blood by applying substantial pressure to the throat or neck of another.” Suffocation is then defined as “the intentional interference of the normal breathing or circulation of blood by blocking the nose or mouth of another.”If you are facing a strangulation or suffocation charge in Massachusetts, you need an experienced Massachusetts criminal defense attorney by your side to help mitigate the potential consequences.
Statutory Elements
Strangulation is the first type of action covered by the statute. Prototypical examples include using a string-like object (e.g., a scarf) and wrapping it around someone’s neck tightly or using your hand(s) and gripping another person’s neck. However, as discussed below, the conduct need not be so extreme.
The second type of conduct covered by section 15D is suffocation. Common examples of suffocation include intentionally placing a pillow over someone’s face or blocking their nose or mouth using your hand(s).
Type 1: Strangulation
The prosecution must satisfy the court that all elements of the crime have been proven beyond a reasonable doubt in order to find the defendant guilty.
- The defendant intentionally applied pressure on the throat or neck of the alleged victim;
- The pressure was substantial; and
- The pressure interfered with the normal breathing or circulation of blood of the alleged victim
This means that any sort of “substantial” pressure applied to the throat or neck area would qualify—even if not the traditional examples that come to mind, such as a headlock or chokehold. The jury may consider how, where, when, and for what duration the pressure was applied, as well as any evidence of its effect or impact on the alleged victim, in considering whether the pressure was substantial.
As a result, a punch to the neck—or even a hard poke—may qualify. Additionally, the requirement that pressure be applied intentionally does not mean that the defendant intended to interfere with the alleged victim’s breathing or blood flow, merely that the defendant intended to apply pressure on the victim’s neck area.
Type 2: Suffocation
To prove the defendant guilty of suffocation, the Commonwealth must prove two things beyond a reasonable doubt:
- The defendant intentionally blocked the nose or mouth of the alleged victim; and
- That the defendant’s actions interfered with normal breathing or circulation of blood of the alleged victim
Similar to strangulation, the intentional blocking of the nose or mouth area does not require an intent to interfere with the alleged victim’s breathing or circulation. Additionally, unlike with strangulation, there is no requirement that the blocking of the nose or mouth be substantial. As such, the conduct considered strangulation need not be as extreme as the typical example of suffocating someone with a pillow—any intentional contact blocking the nose or mouth is likely enough.
For a free legal consultation with a strangulation or suffocation lawyer serving Massachusetts, call (781) 740-0800
Legal Penalties
Both strangulation and suffocation are considered felonies in Massachusetts. Below is a short overview of outcomes associated with a guilty verdict.
Basic Offense
State Prison: Not more than 5 years (60 months) OR
House of Corrections: Not more than 2.5 years (30 months); AND/OR
Fine: Not more than$5,000
Aggravated Offense
State Prison: Not more than 10 years OR
House of Corrections: Not more than 2.5 years (30 months); AND/OR
Fine: Not more than $10,000
Additionally, §15D(d) requires any conviction for strangulation or suffocation to include participation in intimate partner abuse education programs, formerly known as certified batterers’ intervention programs. This condition is also imposed if a continuance without a finding—or CWOF—is entered in the case. This requirement can only be avoided if the court issues specific written findings describing the reasons that the batterer’s intervention should not be ordered or if the batterer’s intervention program determines that the defendant is not suitable for intervention.
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Frequently Asked Questions
What Are “Aggravating” Factors of Strangulation or Suffocation?
Strangulation or suffocation may be aggravated by the following factors (and thus a defendant is subject to the harsher sentences listed above): the suffocation or strangulation resulting in serious bodily injury to the alleged victim, the defendant knowing or having reason to know that the alleged victim is pregnant, the defendant knows that there is an abuse prevention or restraining order in effect against the defendant, or the defendant has a prior conviction for strangulation or suffocation.
What is The Intimate Partner Abuse Education Program in Massachusetts?
The Intimate Partner Abuse Education Program (IPAEP) in Massachusetts is a court-mandated program designed to address and prevent intimate partner abuse. It is a specialized educational program that aims to help individuals who have been convicted of certain offenses related to domestic violence, including strangulation and suffocation. IPAEP is part of the certified batterer intervention program.
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- Assault and Battery
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Get An Experienced Criminal Defense for Strangulation or Suffocation Charges in Massachusetts
Being accused of strangulation or suffocation is a serious matter that demands immediate and zealous criminal defense representation. At Nate Amendola Defense, we have attorneys and legal staff who will guide you through the legal process, explain your rights and work to build a strong defense on your behalf. Reach out to us now to schedule a free, 100% confidential consultation with a strangulation or suffocation charge attorney in Massachusetts.
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