Domestic Assault by Strangulation

In 2005 Minnesota adopted the Domestic Assault by Strangulation statute Minn. Stat. Sec. 609.2247. This is a felony charge and it is not uncommon. Court data shows that 6,819 of these felony charges were filed in Minnesota between 2021 and 2025. District Court Criminal Charges Data – Court Statistics and Reports

What is Domestic Assault by Strangulation?

In common language, to strangle someone usually refers to very serious choking or pressure on the neck, especially when that is severe enough to cause the risk of death. But the definition of Domestic Assault by Strangulation isn’t the same. Strangulation is defined in the law as intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. A domestic abuse allegation that involves someone putting pressure on another person’s neck with hands, an object, or even just clothing like the neck of a shirt; or blocking someone’s nose or mouth in a way that interferes with breathing will often result in a felony strangulation charge.

What happens to someone charged with Domestic Assault by Strangulation?

A person charged with domestic assault by strangulation may be able to argue that what happened was not a felony because it did not meet the definition of strangulation. I have seen cases get charged where the alleged victim said their breathing was restricted or impeded but they did not have any sign of injury to their neck or face. Especially in those cases, a person accused of strangulation may be able to argue at trial that they did not commit an assault, or that what happened did not rise to the level of a felony. It is often a fair argument at trial that a person is overcharged with felony strangulation. A jury of 12 people may well be skeptical and vote not guilty on the strangulation charge. Each case is different, so a careful review of the facts is required.

What are the consequences of Domestic Assault by Strangulation?

People often get alarmed when they see the maximum penalty for a felony strangulation charge is 3 years in prison and a $5,000 fine. But normally a person convicted of domestic assault by strangulation will get put on probation if they don’t have a significant criminal history. Conditions of probation usually include domestic abuse counseling. Probation can also include serving jail time, or jail alternatives like electronic home monitoring.

Will there be a No Contact Order?

In most domestic abuse cases the court will order the person charged to have no contact with the alleged victim. It is very common for the court to issue a Domestic Abuse No Contact Order (DANCO) under Minn. Stat. 629.75, which prevents a person from returning home or having contact with their family. There are several ways to work on getting a DANCO modified or dropped so a person can resume contact with their family and eventually return home.

Do I need a lawyer for a Domestic Assault by Strangulation charge?

Felony domestic assault charges are both serious and often defensible, so it usually makes sense to get an experienced criminal defense lawyer. Felony convictions cause a lot of problems. A person on felony probation is restricted from voting. A domestic assault conviction can cause someone to lose their right to possess firearms. Felony convictions often have a negative impact on jobs, housing options, coaching youth sports and other things. When facing a felony charge you should get the best lawyer you can find.