Strangulation Lawyer Lexington, VA
A strangulation charge in Virginia is a serious felony. Under Va. Code § 18.2‑51.6, strangulation of a family or household member is a Class 6 felony, punishable by up to five years in prison and a fine. If you are facing this charge in Lexington, the stakes are high. Law Offices Of SRIS, P.C. represents clients in Lexington and surrounding areas from our Shenandoah Location. Our firm was founded in 1997 by Mr. Sris, a former prosecutor, and our attorneys work to protect your rights at every stage of a criminal case. Mr. Sris and the firm’s Of Counsel attorneys have documented favorable outcomes in 14 cases across all practice areas in Lexington. Results may vary. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Strangulation Means in Lexington, Virginia
Va. Code § 18.2‑51.6 makes it a felony to apply pressure to the throat or neck of a family or household member, or to cause any obstruction of blood circulation or breathing, if the act is done with the intent to cause bodily harm. The law treats strangulation as a distinct offense because it is a strong predictor of future lethal domestic violence. A conviction carries a Class 6 felony penalty, which includes one to five years of incarceration and a substantial fine. The charge can also affect firearm rights, immigration status, and professional licenses.
In Lexington, strangulation cases are prosecuted by the Commonwealth’s Attorney. They begin at the Lexington General District Court at 2 South Main Street, where the court conducts an initial appearance and, if the charge is a felony, a preliminary hearing. If the court finds probable cause, the case moves to the Lexington Circuit Court for trial. Throughout this process, having an attorney who understands the local court’s procedures and the statutory elements of the offense is critical. Law Offices Of SRIS, P.C. Appears regularly in these Lexington courts, and our Shenandoah Location serves clients in the area.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Strangulation Cases
Building a thorough defense begins with an independent review of the evidence. Our attorneys examine police reports, witness statements, medical records, and any available audio or video recordings. Mr. Sris, drawing on his background as a former prosecutor, and the firm’s Of Counsel attorneys evaluate whether law enforcement followed proper procedures and whether the facts support the charge. We identify potential weaknesses in the prosecution’s case, such as conflicting witness accounts, lack of corroborating physical evidence, or questions about the complainant’s credibility.
We then work to negotiate with the prosecutor when that serves the client’s interest. In Virginia, plea agreements are permitted under Rule 3A:8 of the Rules of the Supreme Court of Virginia. The Commonwealth’s Attorney may agree to amend the charge or recommend a reduced sentence. If a favorable resolution cannot be reached, the firm is prepared to take the case to trial. The defense strategy in a strangulation case may involve challenging the element of “intent to cause bodily harm,” questioning whether the complainant is a “family or household member” as the statute defines that term, or presenting evidence that the alleged act did not occur. Every case is different, and our approach is tailored to the specific facts.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris works alongside the firm’s Of Counsel attorneys, who bring extensive combined legal experience. Together, they handle criminal defense matters in Lexington and throughout Virginia. The firm’s Shenandoah Location, at 505 N Main St, Suite 103, Woodstock, VA 22664, serves the Lexington community. Contact the firm at (888) 437‑7747 to schedule a consultation.
Frequently Asked Questions
What are the penalties for strangulation in Virginia?
Strangulation of a family or household member is a Class 6 felony under Va. Code § 18.2‑51.6, punishable by one to five years in prison and a fine of up to $2,500. A felony conviction also brings collateral consequences that can include loss of firearm rights, difficulty securing employment or housing, and, for non‑citizens, potential immigration consequences. Because the charge is a felony, it is heard in the Circuit Court after a preliminary hearing in the General District Court. The sentence imposed depends on the specific facts of the case, the defendant’s criminal history, and any mitigating factors presented to the judge.
How does a strangulation case move through the Lexington courts?
After an arrest, the case begins with an initial appearance at the Lexington General District Court, which sets bond and schedules a preliminary hearing for the felony charge. At the preliminary hearing, the court decides whether there is probable cause to send the case to the Lexington Circuit Court for trial or disposition. If the case moves to Circuit Court, the Commonwealth’s Attorney and defense counsel may engage in plea negotiations, or the matter proceeds to a jury or bench trial. Throughout this process, a defendant has the right to be represented by counsel.
What defenses can be raised against a strangulation charge?
Defenses to a strangulation charge may include challenging whether the alleged victim is a “family or household member” under the statute, whether the act was committed with intent to cause bodily harm, or whether any obstruction of breathing or blood flow actually occurred. In some cases, self‑defense may apply if the accused reasonably believed force was necessary to prevent imminent harm. The credibility of witness statements and the reliability of medical evidence are also key areas of inquiry. Every defense strategy is fact‑specific, and an experienced attorney can evaluate which arguments are most viable.
Can a strangulation conviction be expunged in Virginia?
Generally, a conviction for a felony offense like strangulation cannot be expunged in Virginia. Virginia law allows expungement only when a charge results in an acquittal, a nolle prosequi, or an outright dismissal. If a person is found not guilty, or the charge is dropped, a petition may be filed in Lexington Circuit Court under Va. Code § 19.2‑392.2 to seal the record. For those who are convicted, post‑conviction relief is limited, and the record remains public.
Do I need an attorney if I am charged with strangulation in Lexington?
Yes, you should consult an attorney immediately if you are facing a strangulation charge in Lexington because it is a felony that can result in prison time and a permanent criminal record. A felony conviction carries long‑term consequences that extend far beyond the immediate sentence. An attorney can explain your legal options, protect your rights, and advocate for favorable outcomes at every stage of the proceeding. Early involvement of counsel can also affect pretrial release decisions and the direction of plea negotiations.
How does a strangulation conviction affect firearm rights?
A conviction for strangulation of a family or household member is considered a misdemeanor crime of domestic violence for federal firearms disability purposes, which generally results in a lifetime ban on possessing firearms under 18 U.S.C. § 922(g)(9). Virginia also has its own restrictions that may apply. Because the charge is defined as a domestic‑violence offense, a conviction triggers the federal prohibitions even if no firearm was used in the underlying incident. If firearm possession is important to you, working with an attorney to avoid a disqualifying conviction is critical.
Our firm also serves clients in other Virginia localities, including Fairfax County criminal defense, Falls Church criminal defense, and Prince William County criminal defense.
For more information on Virginia criminal statutes, see the Virginia Code Title 18.2. Learn about the court that hears these cases at the Lexington General District Court.
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