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Intentionally Choke

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Best Intentionally Choke Lawyers

Our lawyers have years of experience in defending ‘intentionally choke etc person without consent’ charges. We understand it can be a difficult and stressful time for yourself and your family. That is why we endeavour to finalise these cases quickly to give you peace of mind.

If you are not sure whether you should be pleading ‘guilty’ or ‘not guilty’ you should read below – or better yet, contact us immediately for a consultation with one of our specialist criminal lawyers for ‘intentionally choke with recklessness’ charges. You can also see our recent results for Choking charges.

WHAT SHOULD I DO?

  • PLEADING NOT GUILTY

    What is Choking?

    There are various degrees of seriousness when it comes to intentionally choke charges.

    Section 37 of the Crimes Act 1900 (NSW) sets out that the prosecution needs to prove different elements depending on the nature of the charge.

    For a charge against section 37(1), the prosecution must prove that you, without consent intentionally choked, suffocated or strangled another person.

    For section 37(2), the prosecution must prove that you, without consent:

    1. intentionally choked, suffocated or strangled another person; and
    2. Recklessly rendered that person unconscious, insensible or incapable of resistance.

     

    For section 37(3), the prosecution must prove that you, without consent:

    1. Intentionally choked, suffocated or strangled another person; and
    2. Recklessly rendered that person unconscious, insensible or incapable of resistance; and
    3. Did so with the intention of enabling yourself to commit, or to assist any other person to commit an indictable offence.

     

    If the Police are unable to make out the above elements, you will be found ‘not guilty’. There are also some defences that are open to you.

     

    What are the Defences to Choking Charges?

    You will be found not guilty to this charge if any one of the following defences to choking charges apply to you:

    1. Self defence: Where you did this because you believe it was necessary to protect yourself, another person or your property, and where your actions were reasonable in the circumstances as you perceived it at the time.
    2. Identification: The prosecution cannot prove that you committed the offence.
    3. Consent: The alleged victim consented to your actions.
    4. Duress: You were forced to commit the assault.
    5. Necessity: Your actions were necessary in the circumstances

     

    Our specialist criminal lawyers for choking charges have years of experience in analysing prosecution cases and systematically breaking them down. Contact us now for an initial consultation.

  • PLEADING GUILTY

    If you have received advice from an accredited specialist in criminal law and have been advised to plead guilty to a charge of attempting to choke, then you can consult our guide on what you should prepare. Be mindful that this is only a rough and general guide. You should consult one of our specialist criminal lawyers who can represent you in Court and provide advice for your specific case.

     

    What are the Penalties for Choking Charges?

    There are a number of different levels of severity when it comes to offences of Intentionally choke:

    1. The maximum penalty for intentionally choking another person is imprisonment for 5 years.
    2. The maximum penalty for intentionally choking another person so as to render them unconscious, insensible or incapable of resistance is imprisonment for 10 years.
    3. The maximum penalty for intentionally choking another person so as to render the other person unconscious, insensible or incapable of resistance, with the intent of enabling themselves to commit, or assisting any other person to commit, another indictable offence is imprisonment for 25 years.

     

    However, despite the above, if the case is heard in the Local Court, the maximum sentence for a single offence is 2 years imprisonment.

     

    What are the Possible Sentences for Choking?

    The following are potential sentencing outcomes for choking charges:

    1. Section 10 dismissal
    2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
    3. Fine
    4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
    5. Community Corrections Order (previously known as Community Service Order)
    6. Intensive Corrections Order
    7. Home Detention Order (no longer used in NSW)
    8. Full Time Imprisonment

     

    Will You Go to Jail for Choking?

    Over the last 5 years, statistics for choking charges show that all persons found guilty of intentionally choke person without consent received convictions. By contrast, over 80% of sentences were some form of imprisonment. 55% of offenders were sentenced to full-time imprisonment.

    Clearly, avoiding imprisonment is very difficult. As such, you should speak to one of our specialist criminal defence solicitors to give yourself the best chance of avoiding jail.