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The signs and symptoms of strangulation are crucial in both medical and legal contexts. Strangulation can lead to serious internal injuries with delayed onset of symptoms, usually within 72 hours. Key symptoms to look for include difficulty breathing, trouble swallowing, neck swelling, throat pain, hoarseness or voice changes, blurred vision, continuous or severe headaches, seizures, vomiting, and persistent cough. The Training Institute on Strangulation Prevention lists 55 different signs and symptoms.
What About the Falsely Accused? Absence of Evidence
If you are facing facing false accusations of domestic assault strangulation, one of the first things to do is to look at the injuries or other signs and symptoms of the complaining witness. Are there signs and symptoms? If there isn’t, why not? It’s important to note that the prosecution has no burden to show that there are specific injuries. Intentionally impeding the airway can be sufficient for a strangulation conviction even with the absence of injuries. But the lack of any external signs or symptoms is evidence that can be used in your defense. If there aren't any of the 55 signs and symptoms, this may raise serious doubts about the complaining witnesses claims unless there is good reason why there wouldn't be any signs or symptoms left.
Injuries from Another Source
Challenging the validity of physical evidence can also be important. This involves scrutinizing the State's methods of evidence collection and questioning any unlawful or inappropriate practices during the investigation. Exploring alternative explanations for the victim's injuries can also be an effective defense. This could involve arguing that the alleged violence did not occur or that the defendant was acting in self-defense. Or in some circumstances, the alleged injuries were not caused by the accused at all but came about from a sports injury or car accident. There are many ways that people can get hurt and its crucial to understand that if there are injuries, whether they came about the way that is claimed.
Conclusion
Overall, defending against strangulation charges requires a comprehensive approach, including understanding legal rights, gathering and analyzing evidence, and exploring alternative explanations for injuries.
Contact Subzero Criminal Defense and we may be able to start working on your case as soon as today. 651-248-5142. Subzero Criminal Defense provides a defense with intelligence, creativity, and grit.