Understanding the Law of Non-Fatal Strangulation and Non-Fatal Suffocation

The offences of non-fatal strangulation and non-fatal suffocation were introduced in the Domestic Abuse Act 2021 in response to concerns about the severity of these actions in the context of domestic violence. These crimes, even when they do not result in death, are viewed as serious due to the risk they pose to life and the long-lasting physical and psychological damage they can cause.

Both offences involve intentionally restricting someone’s breathing or blood flow, either by strangling or suffocating them, without causing death. The introduction of these standalone offences highlights the government’s commitment to tackling domestic abuse, as strangulation and suffocation are often used as tools of control and coercion in abusive relationships. Convictions for these offences can lead to significant custodial sentences.

At Allen Hoole Solicitors, we have extensive experience representing clients charged with these new and serious offences. Our team is highly skilled in defending complex cases, particularly those arising in a domestic context, where the relationship between the parties can complicate the legal proceedings.

The Law of Non-Fatal Strangulation and Non-Fatal Suffocation

Under the new legislation, non-fatal strangulation and non-fatal suffocation are criminalised as distinct offences. These crimes occur when:

1. The defendant intentionally and unlawfully strangles or suffocates another person.
2. The act does not result in death but impairs the victim's ability to breathe, or causes harm or the fear of harm.

These offences are considered extremely serious and can result in up to five years imprisonment, with the possibility of longer sentences in cases involving aggravating factors such as domestic abuse.

Expert Defence in Strangulation and Suffocation Cases

At Allen Hoole Solicitors, we provide expert representation for individuals charged with these offences. Our Crown Court solicitor advocates are experienced in handling cases involving serious violence, and we use a proactive defence strategy to challenge the prosecution’s case and explore all possible avenues for defence.

Evidential Challenges and Discontinuation

In many cases, we have successfully argued for the discontinuation of charges due to evidential difficulties, such as inconsistent witness statements, unreliable evidence, or non-disclosure by the police. Strangulation and suffocation cases often rely heavily on the testimony of the complainant, and any weaknesses in the evidence can be critical in securing a favourable outcome.

Challenging Procedural Irregularities

Legal irregularities can significantly impact the prosecution’s case. We meticulously review every aspect of the investigation to ensure that the correct procedures were followed. If there are breaches in protocol, such as mishandling of evidence or improper police conduct, we can use these issues to request that charges be dropped.

Defending Cases of Serious Violence

Many non-fatal strangulation and suffocation cases arise in the context of domestic violence. Our team has a wealth of experience in dealing with such complex cases and is well-equipped to build a strong defence.

Mental Health and Specialist Defence Reports

At Allen Hoole, we are experienced in representing clients with mental health issues, which may be relevant to both the defence and the overall legal proceedings. In these cases, we work closely with forensic psychiatrists and psychologists to obtain expert reports that can help establish a defence or mitigate the severity of the charges. These reports can be essential in demonstrating diminished responsibility or temporary mental incapacity.

The Allen Hoole Advantage

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors has the resources and expertise to manage even the most serious and complex cases. Our large team of experienced Crown Court solicitor advocates ensures that every client receives the highest level of legal representation. We also collaborate with some of the most sought-after barristers and forensic experts in the country, ensuring that our clients benefit from top-tier advocacy.

If you or someone you know is facing charges of non-fatal strangulation or non-fatal suffocation, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, and we are here to help you achieve the best possible outcome.