Strangulation & choking offences that our experienced domestic violence lawyers can provide defence representation for
Our criminal lawyers are experienced in handling all domestic violence matters. Whether you are facing charges for choking, suffocation, or strangulation, our team provides expert legal representation to protect your rights.
Choking in a domestic setting
To be charged with choking in a domestic setting, you do not need to block another person’s airway, you just need to hinder or apply pressure to a person’s neck without consent.
The courts treat choking in a domestic relationship seriously because it is often a precursor to more serious domestic violence including homicide.
Domestic relationships include:
- Spouses
- De facto partners
- Relatives
- Parents
- Children
- Intimate or family-like relationships
If the offence happened in a non-domestic setting, you will still be charged with an offence such as an assault. In the case of R v HBZ [2020] QCA 73, the courts emphasised the need for deterrence in domestic matters as repeat domestic incidents may result in serious injury or death for victims.
Maximum Penalty
Section 315A of the Queensland Criminal Code states the maximum penalty is 7 years imprisonment.
Possible Defences
- Self defence – Force used was necessary/proportionate
- Consent – The victim consented to being choked
- Duress – Accused was forced into committing the act
- Mistaken identity – Accused was not the person who unlawfully choked another person
- Lack of intent – The actions committed did not intend to choke another person
Provocation is not a defence that can be raised by a person accused of strangulation, choking or suffocation because this offence does not have an element of assault.
Suffocation in a domestic setting
Suffocation in a domestic setting occurs when a person restricts the airflow of another person within a domestic relationship. Queensland courts recognise that all three terms of suffocation, choking or strangulation can be used interchangeably.
Domestic relationships include:
- Spouses
- De facto partners
- Relatives
- Parents
- Children
- Intimate or family-like relationships
Maximum Penalty
Section 315A of the Queensland Criminal Code states the maximum penalty for suffocation is 7 years imprisonment.
Possible Defences
- Self defence – Force used was necessary/proportionate
- Consent – The victim consented to being choked
- Duress – Accused was forced into committing the act
- Mistaken identity – Accused was not the person who unlawfully choked another person
- Lack of intent – The actions committed did not intend to choke another person
Strangulation in a domestic setting
To be charged with strangulation in a domestic setting, a person must unlawfully apply pressure to another person’s neck without consent. As with choking and suffocation, it is not necessary to completely block a person’s airway to be charged with this offence. The method of applying pressure, restricting airflow, or interfering with normal breathing in any way is enough for a charge to be laid under Queensland law.
Strangulation in a domestic setting will be treated as a serious offence by the courts. Queensland courts take a strong stance against these acts, as strangulation choking or suffocation is a high-risk indicator for escalating violence in a domestic relationship. As such, the courts deter offenders to protect victims from further violence.
Domestic relationships include:
- Spouses
- De facto partners
- Relatives
- Parents
- Children
- Intimate or family-like relationships
Maximum Penalty
Section 315A of the Queensland Criminal Code states the maximum penalty for strangulation is 7 years imprisonment.
Possible Defences
- Self defence – Force used was necessary/proportionate
- Consent – The victim consented to being choked
- Duress – Accused was forced into committing the act
- Mistaken identity – Accused was not the person who unlawfully choked another person
- Lack of intent – The actions committed did not intend to choke another person
All Other Domestic Violence Offences
While choking, suffocation and strangulation are considered serious domestic violence offences, here are other forms of domestic violence the law recognises:
- Physical violence in the form of Assault occasioning bodily harm (AOBH) – Hitting, slapping or hurting another person causing bodily harm
- Sexual abuse (such as Rape or Sexual assault) – Unwanted sexual contact
- Emotional or psychological abuse (May constitute Coercive control – not presently an offence in Queensland but will be introduced into law shortly) – Verbal abuse, threats, manipulation or intimidation
- Financial abuse – Controlling finances in a domestic relationship
- Unlawful stalking – Intentional conduct which causes a detriment or serious psychological harm
Why choose domestic violence lawyers at Donnelly Law Group?
Extensive experience handling domestic and family violence cases across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group our experienced criminal lawyers handle domestic violence matters throughout Gold Coast, Brisbane and regional Queensland. Our team of skilled lawyers are committed to providing you with effective representation throughout the entire legal process.
Local expertise
Our skilled criminal lawyers offer a deep expertise in domestic and family violence matters, including those involving choking, strangulation or suffocation. We regularly appear in the courts throughout the state and have in-depth understanding of courtroom procedures and strong relationships with the prosecution and court staff. Because we’re truly local, you can trust us to defend your rights and secure the best possible outcome.
Personalised approach for all choking & strangulation charges to help achieve the best outcome for our clients
We understand that facing choking, strangulation or suffocation charges can be overwhelming. Our legal team is well-versed in these matters, allowing us to develop defence strategies that give you the best possible outcome. Our personalised approach to your matter ensures that you receive constant legal updates, dedicated attention and knowledgeable representation you deserve.
Book An Appointment.
Our legal strategy for choking & strangulation charges across Brisbane & Gold Coast (QLD)
- We listen to your side of the story
- We review all evidence including police reports, witnesses and other relevant information
- We will create a personalised defence strategy designed to challenge the prosecution’s case
Initial consultation
We will begin by discussing your situation and carefully listening to your side of the story. Our lawyers will outline the charges and identify any concerns.
Case assessment
Our criminal lawyers will thoroughly review all evidence, including police reports, witness statements and other information. We use this information to determine the strength and weaknesses in the prosecution’s case.
Developing a defence strategy
After our lawyers have reviewed all evidence available, we consider every legal angle and procedural requirement, ensuring all potential challenges are addressed. This approach leaves no stone unturned, allowing us to develop a robust strategy that increases your chances of success.
Court representation
Our experienced lawyers will strategically negotiate with prosecutors whenever possible to achieve the best outcome. However, if a fair resolution cannot be reached, we will be fully prepared to aggressively defend your case at trial.
FAQs.
What should I do if the police want to speak to me about a choking offence?
If the Queensland Police want to speak to you about a choking, suffocation or strangulation offence, you only have to give them your name, date of birth and contact details. If they arrest you or serve you with a notice, you may also have to provide identifying particulars such as your fingerprints.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
Do I need a criminal lawyer for a choking offence?
Having defended and witnessed hundreds of choking and strangulation matters in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a criminal lawyer who specialises in domestic violence offences.
Our expert criminal lawyers understand the mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these mitigating factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of a criminal lawyer often fail to present these mitigating factors to the court and suffer heavier penalties as a consequence.
When should I contact a criminal lawyer?
If you have been charged or suspect you are under investigation for a choking, suffocation or strangulation offence, contact Donnelly Law Group today.
It’s crucial that you receive expert legal advice before speaking to the police.
The sooner you contact us, the sooner we can protect your legal interests, begin working on your case and help you achieve the best possible outcome.
Call Donnelly Law Group now and arrange your free initial consultation with one of our expert criminal lawyers.
Will my lawyer represent me in court?
Donnelly Law Group’s team of specialist criminal lawyers will research, strategise and prepare your case for you. We will then represent you in court and methodically argue your defence in order to attain the best possible outcome.
What legislation covers domestic violence-related choking offences in Queensland?
In Queensland, choking, strangulation and suffocation offences related to domestic violence are legislated under the Criminal Code Act 1899.
Are there any legal defences to choking and strangulation charges?
Yes, there are legal defences available in domestic violence choking and strangulation matters in Queensland. Defences may include self-defence, duress and more.
However, it is important to note that provocation is not a legal defence to choking, suffocation or strangulation charges.
Donnelly Law Group’s specialist criminal lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
What are the penalties for choking offences in Queensland?
In Queensland, many factors are considered by the court when sentencing someone for a choking or strangulation offence related to domestic violence.
The maximum penalty for choking, suffocation or strangulation in a domestic setting is 7 years imprisonment.
Other potential penalties for choking offences in Queensland include a fine, community service order, probation or an intensive corrections order.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
How much does Donnelly Law Group charge for legal defence in choking matters?
A lot of people believe that they cannot afford to hire a criminal lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane and the Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
