What is the significance of a “choking allegation” in a family violence case?
The government considers choking or suffocating a family member to be more serious than most other forms of assault that don’t involve a weapon. As a result, an accusation of choking allows the government to charge you with a 3rd degree felony on the first offense or a 2nd degree felony if you have any prior convictions for family violence. The punishment range for a 3rd degree felony is 2 to 10 years in prison. The punishment range for a 2nd degree felony is 2 to 20 years.
