Mark Mandell, Esq.
About two years ago, a new
Michigan law prohibiting “assault by strangulation or suffocation” went into
effect. The law imposes severe penalties upon an aggressor who engages in the
conduct prohibited by the statute.
MCL 750.84 states that any person
who assaults another person by strangulation or suffocation is guilty of a
felony punishable by imprisonment for up to 10 years or a fine of up to $5,000,
or both. The law defines “strangulation or suffocation” as “intentionally
impeding normal breathing or circulation of the blood by applying pressure on
the throat or neck or by blocking the nose or mouth of another person.”
It is not necessary for a victim
to suffer any actual injury in order for the State to charge an aggressor with
assault by strangulation. Furthermore, an aggressor’s intent – which must be
proven for a defendant to be found guilty – may be inferred simply from the use
of physical violence.
In short, assault by
strangulation is a very serious offense that is difficult neither to commit nor
to charge. Citizens should be mindful to
avoid any conduct that could be construed as prohibited under this statute.
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