In the state of Nevada, there is a new law regarding incidents of Battery Domestic Violence which involve an allegation of strangulation. This law took effect in 2009. The law defines strangulation as: "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm." NRS 200.481(1)(h). This definition is specific as to the act(s) which needs to be carried out before a conviction can be had. There are many scenarios of physical altercations which could take place where the neck or throat is contacted, but the crime of strangulation does not take place. georgeforjustice.com has seen a number of cases where my client had been charged with the Strangulation crime, but I did not believe the State could prove the charge because the contact with the neck or throat did not arise to the level of Strangulation pursuant to the statute's definition. From my experience, if the word “choke” appears anywhere in a statement, it is highly likely that the felony crime of Battery Domestic Violence with Strangulation will be charged. Many of these cases have very legitimate factual and legal defenses, which makes it even more beneficial to retain competent counsel.
If you have been charged with Battery Domestic Violence or related crime, or if a TPO has been issued against you, please visit georgeforjustice.com.
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