Domestic violence is offending conduct that occurs within a domestic relationship such as husband/wife, boyfriend/girlfriend and parent/child. A recent Special Taskforce investigation in 2014 found that strangulation is one of the most lethal forms of domestic violence and sexual assault. Due to the high risk of homicide resulting from strangulation, the Taskforce proposed that a dedicated offence be added to the Queensland Criminal Code which considered strangulation within a domestic setting.
As of May 2016, the offence of strangulation, suffocation and choking in a domestic setting became a standalone offence in the Criminal Code, carrying a maximum penalty of 7 years imprisonment. If you have been charged with one of these offences you are facing a term of imprisonment should you be found guilty. Whatever the circumstances surrounding your matter, it is important that you have comprehensive criminal defence at every stage to ensure the most favourable and accurate outcome.
If you are charged with this offence it is also likely that the police will be opposing your bail. It will then be necessary to make an application for bail. This application is made much more difficult as you will need to “show cause” as to why your continued imprisonment is not justified.
As soon as you call us and engage us, we will advocate tirelessly on your behalf. We will be by your side representing you in Court and will work to gather any evidence to support any defence you may have.
Choking, Suffocation or Strangulation in a domestic setting
In order to have committed the offence of strangulation – domestic violence offence, the prosecution will be looking to prove that you have unlawfully choked, strangled, or suffocated another person without their consent. You also need to have been in a domestic relationship with the other person.
If you are convicted of this charge, it is possible to be facing a maximum of 7 years imprisonment. Given the serious nature of this charge, it is important that you seek comprehensive legal representation at the earliest possible moment. We can assist you in defending your charge or if you are pleading guilty, putting your case forward in the clearest possible way, arranging testimonials, character references and other supporting evidence to assist you in receiving the best possible sentence.
Choose Hounsell Cunningham as your criminal defence lawyers
We are a well-respected criminal law firm in Queensland with a great deal of experience defending charges such as strangulation – domestic violence offence. When you work with us you can be assured of impeccable defence and guidance in ensuring your case is put forward in the most appropriate way. We have a strong track record of successful defence, and we understand the domestic violence situations are sensitive, which is why we work with discretion and respect at every step.
Contact us today for representation and support in your domestic violence strangulation charge.
Get in touch with us now on (07) 3188 5626 or call us any time on 0419 975 118 for Mitchell or 0406 661 449 for Nathan.