Strangulation Defense Lawyer in Cincinnati

If you face strangulation charges in Cincinnati, you need immediate legal representation from an attorney who understands Ohio’s serious penalties for these crimes. Strangulation is a felony offense that carries significant prison time, fines, and long-term consequences for your future. Moermond & Mulligan, LLC has defended clients facing strangulation charges throughout Cincinnati. We know how to challenge the evidence against you and protect your rights from the moment you’re arrested.

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    Main Office 615 Main St 3rd Floor, Cincinnati, OH 45202 (513) 421-9790

    Why Choose Moermond & Mulligan, LLC for Your Strangulation Defense

    When your freedom is on the line, experience matters. Our firm brings years of criminal defense experience to every strangulation case we handle. Our team delivers results:

    • Local court expertise – We understand the Cincinnati courts, the prosecutors you’ll face, and the judges who will hear your case.
    • Proven track record – We’ve successfully defended clients accused of violent crimes, including strangulation and domestic violence charges. In one recent felony domestic violence case, our client was charged with a serious offense based on alleged injuries. After a thorough review of the medical records and the fact that medical attention was not sought until 3 days after the incident, we determined a bench trial was the best strategy. At the conclusion of the State’s case, the judge granted a Rule 29 motion and found our client NOT GUILTY—without our client having to testify.
    • Rapid response – We respond quickly to client calls, work nights and weekends when necessary, and treat every case with the attention it deserves.
    • Your priority – Your case is not just another file to us—it’s your future.

    Our criminal defense attorneys have extensive experience navigating the complexities of Ohio’s criminal justice system and protecting clients’ constitutional rights.

    Understanding Strangulation Charges in Ohio

    Strangulation under Ohio Revised Code § 2903.18 is defined as any act that impedes another person’s breathing or blood circulation. This includes applying pressure to the neck or throat, covering the nose or mouth, or any other method that restricts airflow or blood flow to the brain. The law is broad, and prosecutors use it aggressively in domestic violence cases. What matters is not whether you intended to cause serious harm—only that you committed an act that could impede breathing or circulation.

    Understanding the legal definition is critical because felony charges in Ohio carry severe consequences that extend far beyond the courtroom.

    Felony Degrees and Penalties

    Strangulation charges in Ohio range from fifth-degree to second-degree felonies, depending on the harm caused or risked:

    • Second-Degree Felony: Causes serious physical harm. Prison: 2 to 8 years. Fines: up to $15,000.
    • Third-Degree Felony: Causes or is likely to cause serious physical harm. Prison: 1 to 5 years. Fines: up to $10,000.
    • Fourth-Degree Felony: Substantial risk of serious physical harm. Prison: 6 months to 18 months. Fines: up to $5,000.
    • Fifth-Degree Felony: Risk of physical harm. Prison: 6 months to 12 months. Fines: up to $2,500.

    Even a fifth-degree felony conviction creates a permanent criminal record that affects employment, housing, and professional licensing. This is why fighting felony charges with an experienced defense attorney is essential.

    Strangulation in Domestic Violence Cases

    Strangulation charges often arise in domestic violence situations, which compounds the legal consequences. When prosecutors allege strangulation occurred in a domestic violence context, the penalties increase significantly. A domestic violence strangulation lawyer in Cincinnati must understand both the strangulation statute and Ohio’s domestic violence laws.

    Protective orders may be filed against you, restricting contact with the alleged victim. These orders can affect custody of children, your living situation, and your employment. Moermond & Mulligan, LLC handles the full scope of domestic violence strangulation cases, from the criminal charges to the protective order proceedings. If you’re facing domestic violence charges, immediate legal representation is critical.

    Common Defense Strategies for Strangulation

    Strangulation charges rely heavily on the alleged victim’s testimony and police investigation. We challenge both through multiple defense approaches:

    • Challenge witness credibility – Many strangulation allegations lack physical evidence. We question whether the alleged victim’s account is accurate or whether they’re exaggerating what happened.
    • Examine police procedures – We review police reports for procedural errors, improper questioning, or failure to investigate alternative explanations. Constitutional violations during arrest or interrogation can result in evidence being suppressed.
    • Explore self-defense claims – We determine whether you acted in self-defense or whether the alleged victim was the aggressor.
    • Investigate consent – We examine whether consent was present in the situation and whether the alleged victim’s account is consistent with the facts.
    • Identify inconsistencies – We find contradictions in the prosecution’s evidence that create reasonable doubt.

    Every case is different, and we build a defense strategy tailored to your specific facts. Our approach to criminal defense focuses on thorough investigation and aggressive representation.

    Consequences of a Strangulation Conviction

    A strangulation conviction carries consequences far beyond prison time and fines. A felony record follows you for life and impacts multiple areas:

    • Employment barriers – Employers see the felony conviction and may refuse to hire you or terminate your employment.
    • Housing restrictions – Landlords can deny rental applications based on a felony record.
    • Loss of firearm rights – You lose your right to possess firearms under federal law.
    • Immigration consequences – If you’re not a U.S. citizen, a conviction can trigger deportation proceedings.
    • Professional licensing – Licenses in nursing, teaching, law, and other regulated fields become unavailable.
    • Custody and visitation – You may lose custody or visitation rights with your children.

    The collateral consequences are severe, which is why fighting the charges aggressively with experienced legal counsel is essential. A strangulation defense attorney can help you understand all potential outcomes and develop a strategy to minimize these consequences.

    How Moermond & Mulligan, LLC Defends Strangulation Cases

    Our firm approaches every strangulation case with thorough investigation and strategic planning:

    • Obtain all evidence – We secure police reports, dispatch records, and any video evidence from the scene or surrounding area.
    • Interview witnesses – We identify inconsistencies in the prosecution’s case by speaking with all available witnesses.
    • Work with experts – We coordinate with medical experts when necessary to challenge injury claims and provide alternative explanations.
    • Negotiate strategically – We engage with prosecutors to seek charge reductions or dismissals when the evidence supports it.
    • Prepare for trial – If your case goes to trial, we prepare a vigorous defense and present it to a jury.
    • Protect your rights – We safeguard your constitutional rights at every stage—from arrest through trial and appeal if needed.

    Your defense begins the moment you contact us. Our criminal defense team is ready to fight for you.

    Evidence Matters in Strangulation Cases

    One critical factor that separates strong defenses from weak ones is the presence—or absence—of physical evidence. Many strangulation allegations lack the medical documentation needed to support the charges. In cases where alleged injuries exist, the timing of medical attention becomes crucial. If an alleged victim waits days before seeking medical care, it raises serious questions about the severity of injuries and the credibility of the allegations.

    Our firm investigates these details thoroughly:

    • Medical records review – We obtain and analyze all medical records to determine what injuries actually exist and when they occurred.
    • Timeline analysis – We establish when the alleged incident happened versus when medical attention was sought, which can undermine the prosecution’s case.
    • Expert consultation – We work with medical professionals to explain why certain injuries would or would not result from strangulation.
    • Documentation gaps – We identify missing evidence, unreported injuries, and inconsistencies in the alleged victim’s account.

    Strong evidence is the foundation of a strong defense. Weak evidence is the foundation of a NOT GUILTY verdict. This is why a thorough case investigation is essential in strangulation cases.

    Protecting Your Rights During Investigation and Arrest

    The moment police suspect you of strangulation, your constitutional rights come into play. Many defendants harm their cases by speaking to police without an attorney present. What you say can and will be used against you. Moermond & Mulligan, LLC protects your rights from the very beginning:

    • Immediate legal representation – We ensure you have an attorney present during all police questioning.
    • Protecting your statements – We prevent you from making statements that could be used against you later.
    • Bail and release – We work to secure your release on reasonable bail or your own recognizance.
    • Evidence preservation – We ensure police preserve all evidence, including video, audio, and witness statements.
    • Constitutional compliance – We challenge any violations of your Fourth Amendment rights regarding searches and seizures.

    Your first call should be to Moermond & Mulligan, LLC. Your second call should be to no one until we advise you. Contact our Cincinnati criminal defense attorneys immediately if you’ve been arrested.

    Frequently Asked Questions

    Can you be charged with strangulation without visible injuries?

    Yes. Ohio law does not require visible injuries to prove strangulation. Prosecutors can charge strangulation based solely on the alleged victim’s testimony that you impeded their breathing or blood circulation. This is why challenging the credibility of the alleged victim’s account is critical to your defense. Our strangulation defense lawyers know how to effectively challenge these allegations.

    What is the difference between strangulation and assault?

    Strangulation is a specific offense under ORC § 2903.18 that focuses on impeding breathing or blood circulation. Assault charges are broader and may involve different conduct. Strangulation charges carry harsher penalties than simple assault, which is why the specific charge matters to your case outcome. Understanding these distinctions is crucial for developing an effective defense strategy.

    How long do strangulation charges stay on your record?

    A strangulation conviction is a felony and remains on your criminal record permanently. You cannot have it expunged under Ohio law. This is why avoiding a conviction through acquittal, dismissal, or plea negotiation to a lesser charge is so important. Our criminal defense attorneys work tirelessly to achieve the best possible outcome for your case.

    What should I do if I'm arrested for strangulation?

    Do not speak to police without an attorney present. Do not answer questions about what happened. Contact Moermond & Mulligan, LLC immediately at (513) 421-9790. We can protect your rights from the moment of arrest and ensure police follow proper procedures. Our Cincinnati defense team is available 24/7 for emergencies.

    Contact Moermond & Mulligan, LLC for Your Free Consultation

    Strangulation charges are serious, but you have options. Moermond & Mulligan, LLC offers a free consultation to discuss your case and explain your legal rights. Call (513) 421-9790 today to speak with a strangulation defense attorney who will fight for you. We’re available 24/7 for emergencies and ready to start your defense immediately.

    Last Updated: 12-03-2025

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