Strangulation or Suffocation

Dedicated Criminal Defense Attorney Representing Clients Facing Boston Domestic Violence Charges

Strangulation and suffocation charges are some of the most aggressively prosecuted domestic violence offenses in Massachusetts. These cases carry serious felony-level penalties, and prosecutors often consider them among their highest priorities—even if there were no visible injuries. If you’ve been accused of placing your hands around someone’s neck, restricting their airflow, or using an object to cut off their breathing, you’re facing a high-stakes situation. The Law Office of Patrick J. Murphy brings over 27 years of defense experience to clients in Boston and surrounding areas. As a Boston domestic violence lawyer, Attorney Murphy knows how to challenge assumptions, examine flawed evidence, and fight charges that are often based on little more than one person’s version of what happened.

Strangulation and Suffocation Charges in Massachusetts

Under Massachusetts General Laws Chapter 265, Section 15D, it is a felony to:

• Intentionally and knowingly
• Strangle (impede normal breathing or circulation of blood by applying pressure to the throat or neck)
• Or suffocate (block the nose or mouth to impair breathing)
• Another person without their consent

Strangulation and suffocation charges often accompany domestic assault and battery allegations. What might start as a routine domestic case can be reclassified as a much more serious felony simply based on a verbal allegation of restricted breathing.

Why These Allegations Are Treated So Seriously

In recent years, courts and prosecutors have begun viewing strangulation and suffocation as indicators of escalating violence in relationships. Even without injuries, police are trained to arrest and charge someone if the alleged victim says they were unable to breathe or felt pressure on their neck.

You don’t need to have used force with a visible weapon, and you don’t need to have caused lasting harm. The entire case can rest on a few words: “They grabbed my throat.”

In domestic relationships, these allegations are even more explosive. If the alleged victim is a current or former partner, spouse, or co-parent, prosecutors may impose no-contact orders, press for pretrial detention, or pursue additional charges under domestic violence statutes.

What the Prosecutor Needs to Prove

To convict someone of strangulation or suffocation, the Commonwealth must show that:

• You knowingly and intentionally applied pressure to the throat or neck (or blocked the nose or mouth)
• This act caused an interruption of normal breathing or circulation
• The alleged victim did not consent
• The act was not accidental or defensive

But these elements can be difficult to prove—especially when there are no injuries, no witnesses, and inconsistent statements.

Effective Defense Strategies in Strangulation Cases

The stakes are high, but these charges are far from unbeatable. While every case is different, some of the best strangulation and suffocation defenses include:

Self-defense. If you were trying to protect yourself from violence and made brief contact in a struggle, your attorney may be able to show the force was reasonable and lawful.

Lack of intent. Accidental or incidental contact during a heated argument is not enough to justify a felony conviction. The prosecution must show you acted intentionally.

Inconsistent accounts. If the alleged victim gave conflicting versions of what happened—to police, in court, or in prior texts—their credibility may be successfully challenged.

No corroborating evidence. Many of these cases lack medical records, visible bruising, or third-party witnesses. If the case rests solely on an unverified accusation, it may not meet the burden of proof.

False or exaggerated allegations. Domestic disputes can quickly turn into legal battles. A claim of strangulation may be used to gain leverage in a custody case, restraining order hearing, or divorce.

Attorney Murphy will review all available evidence, including 911 calls, bodycam footage, medical evaluations, and text messages to uncover inconsistencies and raise doubt.

The Penalties Are Severe—Even Before Trial

A strangulation or suffocation charge is a felony, punishable by:

• Up to 5 years in state prison or 2.5 years in the house of correction
• Fines up to $5,000
• Mandatory batterer’s intervention program upon conviction
• Loss of gun rights and potential immigration consequences
• Lifetime criminal record
• Court-imposed no-contact orders and mandatory stay-away conditions during the case

Even before trial, these charges can lead to job loss, removal from your home, and loss of contact with your children. That’s why early help is critical.

Start Protecting Your Rights Today

If you’ve been accused of strangulation or suffocation in Boston, the consequences are too serious to face alone. These cases move quickly, and the longer you wait, the harder it becomes to challenge the narrative being built against you. Attorney Patrick J. Murphy is an experienced strangulation and suffocation attorney who has defended hundreds of people against serious domestic violence charges and knows how to pick apart weak cases, expose inconsistencies, and fight for dismissals or reduced charges. Call the Law Office of Patrick J. Murphy today at (617) 367-0450 for a confidential consultation. The sooner you act, the more options you may have.