MenuStrangulation is a serious crime that can have severe consequences for the perpetrator. In Michigan, the legal system has specific statutes in place to address and prosecute cases of strangulation. Below, George Law explains Michigan Compiled Law 750.84, which pertains to the crime of strangulation. We will delve into the elements of the offense, the associated penalties, potential defenses, and why you should contact a strangulation attorney if charged with this crime within the state of Michigan.
What Is MCL 750.84?
Under Michigan law, the crime of strangulation is addressed and defined in Michigan Compiled Law 750.84.
Assault With Intent To Do Great Bodily Harm Less Than Murder
According to this statute, if you intentionally assault someone with the intention of causing them serious physical harm, but not intending to cause their death, you can be charged with a felony offense. This offense is punishable by imprisonment for a period of up to 10 years, a fine of up to $5,000, or both.
Assault By Strangulation Or Suffocation
Under this statute, if you assault someone by deliberately impeding their normal breathing or blocking the circulation of their blood, you can also be charged with a felony offense.
This includes applying pressure to their throat or neck or obstructing their nose or mouth. The purpose of this provision is to protect individuals from the significant risk of injury or death associated with strangulation or suffocation.
The punishment for this offense is the same as for assault with intent to cause great bodily harm, which can include imprisonment for up to 10 years, a fine of up to $5,000, or both.
Definition Of “Strangulation Or Suffocation”
For the purposes of this statute, “strangulation or suffocation” refers to intentionally obstructing someone’s ability to breathe or circulate blood by applying pressure to their throat or neck, or by blocking their nose or mouth. The aim of this definition is to clarify the specific actions that constitute strangulation or suffocation under the law.
Other Violations Arising From The Same Conduct
It is important to note that this section of the statute does not prevent you from facing additional charges, being convicted of, or being punished for any other violations of the law that may arise from the same conduct as the offenses described above. This means that if your actions violate other criminal laws, you can still be held accountable for those separate offenses.
Defenses
As a potential criminal defendant facing charges under the statute 750.84 for assault with intent to cause serious bodily harm or by strangulation/suffocation, it is crucial to understand the possible defenses that may apply to your case. Here are some of the defenses that you may consider:
Self-Defense
If you can establish that you acted in self-defense, meaning you reasonably believed that you were in imminent danger of suffering bodily harm and used force to protect yourself, it can be a valid defense to the charges. It is essential to demonstrate that your use of force was proportionate and necessary to defend yourself against the perceived threat.
Defense Of Others
Similar to self-defense, you may claim that you acted to protect another person from immediate harm or danger. To successfully argue this defense, you need to show that your belief in the need to defend the other person was reasonable under the circumstances.
Lack Of Intent
The statute requires the prosecution to prove that you had the specific intent to cause serious bodily harm or to commit an act of strangulation or suffocation. If you can present evidence or arguments showing that you lacked the intent to commit the offense, it may serve as a defense to the charges.
Consent
In certain situations, if the alleged victim voluntarily consented to the actions that resulted in the assault, it might be a defense. However, it is important to note that consent may not be a valid defense if the level of harm caused exceeds what was reasonably expected or if the consent was obtained through coercion or fraud.
Mistaken Identity Or False Accusation
If you believe that you have been wrongly identified as the perpetrator or that the allegations against you are false, you can present evidence to challenge the credibility or reliability of the accuser’s testimony. This defense strategy may involve providing alibi evidence, witness testimony, or surveillance footage that contradicts the prosecution’s case.
Lack Of Sufficient Evidence
It is the prosecution’s burden to prove your guilt beyond a reasonable doubt. If the evidence presented by the prosecution is weak, contradictory, or insufficient to meet this high standard, your defense attorney can argue that the case against you should be dismissed.
Seeking Legal Representation
The Importance Of Legal Counsel
When facing charges related to strangulation, it is crucial to seek the assistance of a skilled defense attorney. Navigating the complex legal process requires expertise and a deep understanding of Michigan’s criminal justice system. A defense attorney can provide guidance, protect your rights, and build a strong defense strategy tailored to the specific circumstances of your case.
George Law: Experienced Criminal Defense Lawyers In Michigan
If you or someone you know has been charged with strangulation in Michigan, consider contacting George Law, an experienced defense attorney specializing in criminal law. With extensive knowledge of Michigan’s legal system and a track record of successful defense cases,
George Law can provide dedicated representation, protect your rights, and work towards the best possible outcome in your case. Reach out to George Law today by calling (248) 247-7459 or by contacting us online.