Can a Strangulation Charge Be Dropped in Arizona?

Attorney Omer Gurion
Written By: Omer Gurion
11 min read
·
January 30, 2025

Strangulation charges in Arizona are serious criminal offenses that can have severe consequences for those accused. When faced with such charges, many individuals wonder about their options for having the case dismissed or the charges reduced. Understanding the legal landscape surrounding strangulation offenses in Arizona is key for anyone dealing with this situation.

How Can a Strangulation Charge Be Dropped in Arizona?

Strangulation charges can be dismissed in Arizona based on factors like insufficient evidence, inconsistent witness statements, or valid self-defense claims. The likelihood of dismissal hinges on the strength of the evidence, the circumstances of the alleged incident, and the effectiveness of the defense strategy employed.

Understanding Strangulation Charges in Arizona

In Arizona, strangulation is typically charged as a felony offense, reflecting the severity with which the state views this crime. The law defines strangulation as intentionally or knowingly impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck, or by obstructing the nose and mouth.

The classification of strangulation as a felony means that convicted individuals face substantial penalties. These can include lengthy prison time, hefty fines, and a permanent criminal record that can impact future employment, housing, and personal relationships.

Potential penalties for a strangulation conviction in Arizona may include:

  • Penalties for strangulation in Arizona include 1 to 3.75 years in prison for a first offense, up to $150,000 in fines, and may involve mandatory counseling, probation, and community service, with variations based on offense severity and prior convictions.

These severe consequences highlight the importance of exploring all possible avenues for defense and potential dismissal of charges. Understanding the full scope of potential penalties can help individuals make informed decisions about their legal strategy and the importance of securing experienced legal representation.

Factors That May Lead to Dropping a Strangulation Charge

Several factors can contribute to the possibility of having a strangulation charge dropped in Arizona:

  1. Lack of evidence: If the prosecution doesn’t have sufficient evidence to prove the charge beyond a reasonable doubt, they may be forced to drop the case.
  2. Inconsistent witness statements: When witness accounts contradict each other or change over time, it can weaken the prosecution’s case.
  3. Self-defense claims: If the accused can demonstrate that their actions were in self-defense, it may lead to dismissal of charges.
  4. Mistaken identity: In cases where the wrong person is accused, charges may be dropped once the error is discovered.
  5. Constitutional violations: If law enforcement violated the accused’s rights during the arrest or investigation, it could result in evidence being suppressed and charges potentially dismissed.

Each of these factors can play a vital role in the outcome of a strangulation case. However, it’s important to note that the presence of one or more of these factors doesn’t guarantee dismissal. The specific circumstances of each case and the skill of the defense attorney in presenting these factors can greatly impact the final decision.

Legal Strategies for Challenging Strangulation Charges

Developing an effective defense strategy is key when facing strangulation charges in Arizona. Some important approaches include:

  1. Hiring an experienced Phoenix criminal defense lawyer: A skilled lawyer can navigate the complexities of the legal system and build a strong defense.
  2. Investigating the circumstances: Thoroughly examining the details of the alleged incident can uncover inconsistencies or alternative explanations.
  3. Gathering exculpatory evidence: Collecting evidence that supports the defendant’s innocence or casts doubt on the prosecution’s case is vital.
  4. Negotiating with prosecutors: In some cases, attorneys may be able to negotiate for reduced charges or alternative resolutions.
  5. Challenging the evidence: Scrutinizing the prosecution’s evidence and questioning its reliability or admissibility can weaken their case.

These strategies form the foundation of a robust defense against strangulation charges. Each approach requires careful consideration and expert execution to maximize its effectiveness. The choice of strategy often depends on the specific details of the case and the available evidence.

The Role of Domestic Violence in Strangulation Cases

Many strangulation cases in Arizona are related to domestic violence incidents. This connection can greatly impact how the case is handled by law enforcement and prosecutors. Arizona has mandatory arrest laws for domestic violence situations, meaning that police are required to make an arrest if they have probable cause to believe a domestic violence offense has occurred.

The domestic violence aspect can affect potential plea bargains or charge reductions. Prosecutors may be less willing to negotiate in domestic violence cases due to public pressure and the perceived risk of repeat offenses. However, this doesn’t mean that charge reductions or dismissals are impossible in domestic violence-related strangulation cases.

Pretrial Intervention and Diversion Programs

For some first-time offenders, pretrial intervention or diversion programs may be available. These programs offer an alternative to traditional prosecution and can lead to charges being dismissed upon successful completion. Requirements for participation typically include:

  • No prior felony convictions
  • Admission of guilt or responsibility for the offense
  • Willingness to complete program requirements, such as counseling or community service

Successful completion of these programs can result in charges being dropped and the case dismissed. However, it’s important to note that not all strangulation cases will be eligible for such programs, especially if there’s a history of violence or if the incident resulted in serious injury.

The Importance of Witness Cooperation

In many strangulation cases, the victim’s cooperation plays a key role in the prosecution’s ability to pursue charges. If the alleged victim recants their statement or refuses to cooperate, it can substantially weaken the case. However, it’s important to understand that prosecutors can still pursue charges without victim cooperation if they believe they have enough evidence from other sources.

Other witness testimony can also impact the case. Friends, family members, or bystanders who witnessed the alleged incident or its aftermath can provide valuable testimony that may either support or contradict the charges.

Constitutional Challenges and Procedural Defenses

Experienced defense attorneys may explore various constitutional and procedural challenges to fight strangulation charges:

  1. Fourth Amendment violations: If evidence was obtained through an illegal search or seizure, it may be suppressed, potentially weakening the prosecution’s case.
  2. Fifth Amendment issues: Violations of Miranda rights or coerced confessions can lead to statements being thrown out.
  3. Challenging the admissibility of evidence: Questioning the reliability or relevance of certain evidence can limit what the prosecution can present at trial.
  4. Procedural errors: Mistakes in how the case was handled, from arrest to charging, can sometimes lead to dismissal of charges.

These challenges require a deep understanding of constitutional law and criminal procedure. Skilled attorneys can use these defenses to protect their clients’ rights and potentially have charges reduced or dismissed.

Plea Bargaining in Strangulation Cases

Plea bargaining is a common practice in criminal cases, including strangulation charges. During this process, the defense attorney negotiates with the prosecutor to potentially reduce charges or agree on a more favorable sentence in exchange for a guilty plea. Factors that prosecutors consider in plea deals include:

  • Strength of the evidence
  • Defendant’s criminal history
  • Severity of the alleged incident
  • Victim’s wishes and cooperation

Successful plea negotiations can result in reduced charges, lesser penalties, or alternative sentencing options that avoid some of the most severe consequences of a strangulation conviction.

The Trial Process for Strangulation Charges

If a case proceeds to trial, several key elements come into play:

  1. Jury selection: Choosing jurors who can be fair and impartial is important for both the defense and prosecution.
  2. Presenting a strong defense strategy: This may involve challenging the prosecution’s evidence, presenting alternative theories, or establishing reasonable doubt.
  3. Cross-examination of prosecution witnesses: Skilled attorneys can expose weaknesses or inconsistencies in witness testimony.
  4. Expert testimony: Medical experts may be called to testify about the nature of the alleged injuries or lack thereof.
  5. Defendant testimony: The accused may choose to testify in their own defense, though this decision carries risks and benefits that must be carefully weighed.

Each stage of the trial process presents opportunities for the defense to challenge the prosecution’s case and present evidence favorable to the defendant. The outcome often hinges on the effectiveness of the defense strategy and the strength of the evidence presented by both sides.

Post-Conviction Options if Charges Are Not Dropped

If efforts to have charges dropped or dismissed are unsuccessful and a conviction occurs, there are still options to pursue:

  1. Appeals process: Challenging the conviction based on legal errors or constitutional violations during the trial.
  2. Motions for a new trial: If new evidence comes to light or there were major errors in the original trial, a new trial may be granted.
  3. Seeking sentence modifications: In some cases, it may be possible to have the sentence reduced or modified after conviction.

These post-conviction options can provide a second chance for those who have been convicted of strangulation charges. However, they often require strong legal grounds and skilled representation to be successful.

Consequences of a Strangulation Conviction

The long-term impact of a strangulation conviction can be severe and far-reaching:

  • Difficulty finding employment, especially in fields requiring background checks
  • Challenges in securing housing
  • Loss of professional licenses
  • Restrictions on firearm ownership
  • Potential immigration consequences for non-citizens, including deportation
  • Strained personal relationships and social stigma

Given these serious repercussions, it’s important to explore all possible avenues for defense and potential dismissal of charges.

Seeking Legal Representation

When facing strangulation charges in Arizona, the importance of hiring an experienced Phoenix criminal defense attorney cannot be overstated. When selecting legal representation, it is advisable to seek an attorney with:

  • Specific experience handling strangulation and domestic violence cases
  • A track record of successful outcomes in similar cases
  • Knowledge of local courts and prosecutors
  • Strong negotiation and trial skills

During the initial consultation and case evaluation process, clients should be prepared to discuss case details openly and honestly with their attorney. This will allow the attorney to assess the strengths and weaknesses of your case and develop an effective defense strategy.

It is important to note that while strangulation charges can be dropped in Arizona, each case is unique. The outcome depends on various factors, including the specific circumstances of the alleged incident, the available evidence, and the effectiveness of your legal defense. By understanding the complexities of strangulation charges and working with skilled legal representation, you can improve your chances of achieving the best possible outcome in your case.

Are You Dealing with Criminal Charges in Arizona? We Can Help

If you or someone you love is facing criminal charges in Arizona, contact the Phoenix criminal defense lawyers at Gurion Legal today. Few firms in Arizona boast the services of a certified criminal law specialist. Gurion Legal offers one with the personal attention you can only get from a boutique firm.

Lead Attorney Omer Gurion is a Board-Certified Criminal Law Specialist under the State Bar of Arizona Board of Legal Specialization, and has built a firm dedicated to ensuring that defendants receive experienced legal representation as guaranteed by the Constitution.

Contact the Gurion Legal today by calling (480) 800-0020 or by filling out one of our contact forms to discuss your case today. Our criminal defense lawyers can review your case and advise you of your legal options.

Omer Gurion

Omer Gurion

Criminal Defense Attorney, Gurion Legal

Omer Gurion graduated from Arizona State University with a B.S. in Political Science magna cum laude, before studying law at the Sandra Day O’Connor College of Law and graduating in 2010. He has been practicing criminal defense ever since.

He is the founding and managing partner at Gurion Legal, a Phoenix-based criminal defense law firm, where he now devotes his career to protecting the rights of Arizonans who are contending with the criminal justice system and those who are injured by the negligence of others.