Felony strangulation in Washington, D.C.

It is against the law in Washington, D.C. to restrict the circulation of blood or breathing of another person.  This can be through the application of pressure on a person’s throat, neck or chest.  It can also be by blocking the nose or mouth of that person.

This is the criminal offense of “strangulation” as spelled out in D.C. Code § 22-404.04. 

Strangulation is a felony offense punishable by up to 5 years in prison and a fine of $12,500.

What must the prosecution prove?

In order to secure a conviction for a criminal offense, the prosecution must typically prove both a criminal act (actus reus) and a mental state (mens rea). 

In the case of strangulation, the prosecution must prove a physical act; namely, that the defendant “[restricted] the normal circulation of the blook or breathing  of another person, either by applying pressure on the throat, neck, or chest of another person, or by blocking the nose or mouth of another person.”

As for the defendant’s state of mind at the time of the physical actions, the prosecution must prove that the defendant acted “intentionally, knowingly, or recklessly.”

A person acts intentionally when he consciously desires a result.  A person acts knowingly when he is aware that a result is practically certain to follow.  Finally, a person acts recklessly when he consciously disregards a substantial risk that the conduct will cause harm to another.  

What are my legal defenses?

A person charged with strangulation has a number of potential defenses. 

Looking at the elements of the offense, for example, the person could argue that the person’s actions were unintended or accidental or that the actions did not result in restricted breathing or blood flow.

Alternatively, self-defense, defense of others, and defense of property of are all valid defenses to an assault charge like strangulation.  For example, a person is entitled to use a reasonable amount of force in self-defense if (1) the person actually believes that he or she is in immediate danger of bodily harm and (2) the person has reasonable grounds for that belief.

Will I go to jail?

Strangulation is a felony offense that is punishable by up to 5 years in prison.  Whether or not the court will impose actual jail time will depend on a number of factors, including the person’s criminal history (a person with many prior convictions will receive more a harsher sentence than a first-time offender) and the specific facts of the case.

Will I need a lawyer?

Yes.  Although you have the right to defend yourself, the court will actively discourage you from doing so.  This is because of the enormous stakes and complexity involved in a criminal case, particularly a felony such as strangulation.  f you cannot afford a lawyer, the court will appoint one to represent you.

Page created on September 7, 2025