If you have been arrested and charged with attempted strangulation, it is important that you understand the charges against you and what your legal rights are. Call me to discuss your case, your options, and the potential outcomes.
Attempted strangulation is the willful choking or attempted strangling of a household member or a person with whom the defendant has a "dating relationship". Pursuant to Idaho Code §18-923 it is a felony punishable by up to 15 years in prison.
No injuries are required to prove attempted strangulation. Additionally, the prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.
“Dating relationship” is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:
1) The nature of the relationship.
2) The length of time the relationship has existed.
3) The frequency of interaction between the parties.
4) The time since termination of the relationship, if applicable.