Strangulation Defense Lawyer in Dayton, Ohio

If you’re facing strangulation charges in Dayton, you need an experienced criminal defense attorney who understands the serious consequences of these allegations. Strangulation is one of Ohio’s most aggressively prosecuted violent crimes, and a conviction can result in felony charges, prison time, and lasting damage to your future. Moermond & Mulligan, LLC provides aggressive legal defense for individuals charged with strangulation in Dayton and throughout Montgomery County. Our team knows how to challenge the evidence, protect your rights, and fight for the best possible outcome in your case.

Why Choose Moermond & Mulligan, LLC for Your Strangulation Defense

When your freedom is on the line, you need a defense team that has handled cases like yours before. Moermond & Mulligan, LLC brings years of experience defending clients against violent crime charges, including strangulation allegations. Here’s what sets us apart:

• Local Court Expertise – We understand the Dayton court system, the prosecutors you’ll face, and the judges who will hear your case
• Thorough Investigation – We investigate every detail of your situation, identify weaknesses in the prosecution’s evidence, and develop a defense strategy tailored to your specific circumstances
• Proven Results – We’ve successfully defended clients facing serious charges. In one felony domestic violence case, we thoroughly reviewed medical records and discovered that medical attention wasn’t sought until 3 days after the alleged incident. This critical evidence led us to pursue a bench trial strategy, and the judge granted a Rule 29 motion at the conclusion of the State’s case, resulting in a Not Guilty verdict without our client having to testify
• Personalized Approach – We don’t use a one-size-fits-all approach. We treat each client with the attention and dedication their case deserves
• Aggressive Defense – We challenge every aspect of the prosecution’s case and look for opportunities to have charges reduced or dismissed

Understanding Strangulation Charges in Ohio

Strangulation is defined under Ohio Revised Code § 2903.18 as any act that impedes normal breathing or blood circulation. This includes applying pressure to the throat or neck, covering the nose and mouth, or any similar action that restricts airflow or blood flow. The law recognizes three prohibited acts: applying pressure to the throat or neck, covering the nose and mouth, or any other act that impedes normal breathing or circulation of blood.

On April 4, 2023, Ohio made strangulation a felony offense. Before this date, strangulation charges were often prosecuted as simple assault. Now, prosecutors treat these cases much more seriously, and the penalties are significantly harsher. If you’re facing strangulation charges in Dayton, it’s critical to understand that you’re dealing with a felony-level offense. A domestic violence strangulation lawyer in Dayton can help you navigate these charges and protect your rights throughout the legal process.

Felony Penalties for Strangulation in Dayton

The penalties for strangulation in Ohio depend on the circumstances of your case and whether aggravating factors are present. Strangulation charges can be classified as a second-degree, fourth-degree, or fifth-degree felony:

• Second-Degree Felony:
  • Up to 8 years in prison
  • Fines up to $15,000
  • Mandatory prison time in most cases

• Fourth-Degree Felony:
  • Up to 18 months in prison
  • Fines up to $5,000
  • Possible probation as an alternative to incarceration

• Fifth-Degree Felony:
  • Up to 12 months in prison
  • Fines up to $2,500
  • Greater likelihood of probation or community service

Beyond prison time and fines, a strangulation conviction carries serious collateral consequences:

• Loss of employment opportunities in many fields
• Housing discrimination and difficulty finding rental properties
• Loss of custody or visitation rights with your children
• Damage to your professional reputation and career prospects
• Restrictions on firearm ownership
• Immigration consequences if you’re not a U.S. citizen

These long-term consequences make it essential to fight the charges aggressively from the start. Understanding felony charges in Ohio and their implications is crucial to developing an effective defense strategy.

Strangulation vs. Other Assault Charges

Many people wonder how strangulation differs from simple assault or aggravated assault. The key distinction is the method and the severity of the harm. Strangulation specifically involves restricting airflow or blood circulation, which creates an immediate risk of serious bodily harm or death. This is why Ohio treats strangulation as a separate, more serious offense than standard assault charges.

Prosecutors often charge strangulation in cases where they believe the defendant posed a significant threat to the victim’s life. The fact that strangulation was chosen as the method of harm—rather than punching, kicking, or using a weapon—suggests intent to cause serious injury. Understanding this distinction is important because it affects how your defense strategy should be developed.

Defense Strategies for Strangulation Cases

There are several effective defense strategies that may apply to your strangulation case. The right approach depends on the specific facts and evidence in your situation:

• Lack of Intent or Knowledge – Challenging whether you knew your actions would restrict breathing or blood circulation
• Self-Defense Claims – Demonstrating that you were protecting yourself from harm
• Insufficient Evidence – Challenging the physical evidence presented by prosecutors and exposing gaps in their case
• False Accusations – Proving that the alleged victim fabricated or exaggerated the incident
• Medical Evidence and Expert Testimony – Using medical records and expert witnesses to contradict the prosecution’s claims
• Consent or Context – Presenting evidence that changes how the incident should be interpreted

Your attorney will investigate the evidence thoroughly, interview witnesses, and work with experts if necessary to build the strongest possible defense. We challenge every aspect of the prosecution’s case and look for opportunities to have charges reduced or dismissed.

How Strangulation Cases Are Investigated in Dayton

Law enforcement and prosecutors approach strangulation cases with particular intensity because of the serious nature of the offense. Understanding how these investigations work can help you protect your rights. Investigators typically look for:

• Physical Evidence – Marks on the neck, bruising, or other visible injuries
• Medical Records – Documentation of injuries and medical treatment
• Witness Statements – Testimony from people who saw the incident or its aftermath
• Prior History – Any previous allegations or convictions involving violence
• Digital Evidence – Text messages, calls, or social media communications

The problem is that physical evidence in strangulation cases can be misleading. Injuries may not appear immediately, may fade quickly, or may not be as severe as prosecutors claim. Medical records can be misinterpreted, and witness statements may be biased or inaccurate. This is why having an attorney investigate immediately is crucial. We can challenge the evidence collection process, question the reliability of witness statements, and present alternative explanations for the physical evidence. Our investigation process is thorough and strategic.

Protecting Your Rights During the Criminal Process

From arrest through trial, your rights must be protected at every stage. Many strangulation cases are built on weak evidence that can be challenged if you have proper legal representation. Here’s what you need to know:

• Arrest and Booking – You have the right to remain silent and the right to an attorney
• Initial Appearance – The court will inform you of charges and set bail or release conditions
• Preliminary Hearing – The prosecution must present evidence showing probable cause for the charges
• Discovery – Your attorney has the right to review all evidence the prosecution plans to use
• Plea Negotiations – We can negotiate with prosecutors to reduce charges or penalties
• Trial Preparation – If your case goes to trial, we’ll prepare a comprehensive defense strategy

At each stage, Moermond & Mulligan, LLC works to protect your constitutional rights and ensure the prosecution follows proper procedures. If evidence was obtained illegally or if your rights were violated, we file motions to suppress that evidence. These procedural protections can make the difference between conviction and acquittal. Learn more about criminal procedure in Ohio to understand your rights.

The Connection Between Strangulation and Domestic Violence

Strangulation charges frequently arise in domestic violence cases. Prosecutors and victim advocates recognize that strangulation is one of the most dangerous forms of domestic abuse.

If you’re facing strangulation charges in a domestic violence context, you may also be dealing with protective orders, custody disputes, or related charges like domestic violence assault. A domestic violence strangulation lawyer in Dayton understands how these cases intersect and can help you address all the legal issues you’re facing. We work to protect your rights while acknowledging the seriousness of the allegations.

What to Do If You’re Facing Strangulation Charges

If you’ve been arrested or charged with strangulation in Dayton, take these steps immediately:

• Exercise Your Right to Remain Silent – Do not discuss the case with anyone except your attorney. Anything you say can be used against you in court.
• Request an Attorney – Tell police you want to speak with a lawyer before answering any questions.
• Contact Moermond & Mulligan, LLC Right Away – The sooner you have legal representation, the sooner we can begin investigating your case and protecting your rights. Contact us today.
• Gather Information – Write down details about what happened while your memory is fresh, but only share this with your attorney.
• Avoid Contact with the Alleged Victim – Any contact could be used as evidence against you or violate a protective order.

Time is critical in strangulation cases. The sooner you hire an experienced criminal defense attorney, the better we can investigate the evidence, interview witnesses, and develop your defense strategy.

Frequently Asked Questions

Contact Moermond & Mulligan, LLC Today

Don’t face strangulation charges alone. Contact Moermond & Mulligan, LLC today for a free consultation. Contact us today or call (937) 228-9790 to speak with an experienced criminal defense attorney who will fight for your rights and your future.

Last Updated: 12-03-2025