Non-Fatal Strangulation | Legal Defence Solicitors

Non-fatal strangulation is a serious criminal offence in the UK, recently introduced to address the specific and often lethal nature of this form of assault. It carries significant penalties, including imprisonment, and can be prosecuted alongside other offences such as domestic violence or coercive control. At Kang & Co Solicitors, we specialise in defending individuals accused of non-fatal strangulation, offering expert legal representation aimed at protecting your rights and securing the best possible outcome.

If you are under investigation or facing charges for non-fatal strangulation, it is essential to seek professional legal advice immediately. Our experienced criminal defence solicitors are on hand to guide you through the legal process. Contact us on 0330 818 9825 or fill out our online form for an initial case assessment and fee quotation.

Kang & Co Solicitors has built up a strong reputation for Criminal Defence and is regarded as one of the top criminal law firms in the country with its top rankings by The Legal 500 and Chambers and Partners.

What is the Offence of Non-Fatal Strangulation?

Non-fatal strangulation became a standalone offence under Section 75A of the Serious Crime Act 2015, following amendments made in 2022 to enhance protections against domestic abuse. The offence involves intentionally strangling or applying pressure to another person’s throat or neck, affecting their ability to breathe or restricting blood flow, without necessarily causing fatal injury. Unlike other forms of assault, this act is recognised for its potential to inflict serious harm, both physically and psychologically, even if no visible injuries are present.

Non-fatal strangulation is often associated with domestic violence, as perpetrators use it to exert control or intimidation over their victims. The offence is punishable as an aggravating factor in cases involving coercive or controlling behaviour, which is also a distinct offence under the Serious Crime Act 2015.

For the prosecution to secure a conviction for non-fatal strangulation, they must prove:

• Intentional application of pressure to the victim’s neck or throat.
• Resulting impact on the victim’s breathing or blood flow.
• No fatal injury occurred (which would otherwise be prosecuted as murder or manslaughter).

Legal Defences for Non-Fatal Strangulation

Being accused of non-fatal strangulation is a grave matter, but several legal defences may be available depending on the facts of the case. At Kang & Co Solicitors, our expert legal team will thoroughly review the evidence and circumstances to develop the most effective defence strategy for your case.

Lack of Intent

One of the key elements of this offence is proving that the act of strangulation was intentional. If the prosecution cannot establish that you intended to apply pressure to the victim’s throat or neck to restrict breathing or blood flow, this could form the basis of a strong defence. For example, if the contact was accidental or occurred during a consensual act, this may undermine the prosecution’s case.

Self-Defence

In some cases, non-fatal strangulation may have occurred as part of an act of self-defence. If you can show that you were acting to protect yourself or someone else from immediate harm or danger, this could provide a viable legal defence. To succeed, the force used must be shown to have been reasonable and proportionate in response to the threat posed.

False Allegations

False allegations of non-fatal strangulation can arise in the context of domestic disputes, where emotions run high, and relationships have broken down. If you have been wrongly accused, our legal team will work to discredit the prosecution’s evidence and challenge the credibility of the allegations. This may involve scrutinising witness statements, medical reports, or police procedures to reveal inconsistencies in the case against you.

Insufficient Evidence

For a conviction, the prosecution must prove beyond reasonable doubt that the act of strangulation occurred and that it caused an impact on the victim’s breathing or blood flow. In cases where there is no medical evidence of injury or where the victim’s account is inconsistent, we will challenge the adequacy of the evidence and highlight any gaps or weaknesses in the prosecution’s case.

Procedural Errors

We will also examine whether any procedural errors occurred during the investigation or trial process. This may involve unlawful arrest, improper questioning, or breaches of your rights under the Police and Criminal Evidence Act (PACE). Any procedural violations could lead to the exclusion of evidence or even the dismissal of the case.

At Kang & Co Solicitors, we are committed to providing the highest quality legal defence for individuals accused of non-fatal strangulation. Our team will meticulously review every aspect of your case, challenge the evidence, and develop a defence strategy tailored to achieve the best possible outcome for you. If you are facing such charges, contact us today for specialist legal advice and representation.