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Strangulation & Abduction

Strangulation (VA Code §18.2-51.6) & Abduction (VA Code §18.2-47(A)

Some of the most common charges often accompanying a charge of Assault & Battery Against a Family Member (LINK HERE to A&B Kublan webpage or hyperlink A&B Fam text in this page) are Abduction and Strangulation. Let’s define and explore why below.

Strangulation, a Class-6 felony, is the act of unlawfully (or without consent) impeding the blood or respiratory circulation of another, knowingly and intentionally, by applying pressure to the neck of another that results in anybodily injury whatsoever. Abduction, a Class-5 felony, is the act of seizing, taking, transporting, detaining, or secreting (hiding) another person, without legal justification, intending to deprive said person of their personal liberty, by use of deception or intimidation.

Consider the following scenario: a married couple are verbally arguing about finances in their bedroom. As the argument heats up, Spouse-A suddenly walks to the bedroom door and closes it behind them with no exit for Spouse-B. Then, Spouse-A pushes Spouse-B onto the bed and begins to put their hands on Spouse-B’s neck, making it hard to breathe. An all-too-common scenario, this fact pattern reflects three separate and distinct crimes, beginning with the closing of the bedroom door (Abduction), the pushing onto the bed (Assault & Battery) and finally placing hands on the neck of Spouse-B (Strangulation). An additional crime may present itself if Spouse-B later attempts to call 911, but Spouse-A, in a panic, prevents or interferes with Spouse-B’s attempt for help (See VA Code §18.2-164).

Experienced defense attorneys in domestic violence matters understand the correlations between all charges, can assess the severity of each case, and can advocate for a best-case resolution with the prosecutor. At Kublan Khan PLC, we are dedicated to supporting survivors of all domestic violence cases by acting as victim’s counsel to explain and guide domestic violence victims through each step of the criminal process. Additionally, our firm believes in defending and protecting everyone’s constitutionally guaranteed rights to a fair and impartial criminal proceeding.

If you or a loved one are in these circumstances, don’t face it alone. Call our office today to schedule a consultation with one of our experienced lawyers.

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