FAIRFAX, VIRGINIA: Class 6 Felony Strangulation charge (18.2-51.6) was AMENDED and REDUCED to a misdemeanor Assault and Battery on a Family or Household Member (VA Code 18.2-57.2), which is scheduled to be DISMISSED.
Read more about Domestic Assault here: Virginia Domestic Assault Laws & Penalties: Defense Attorney’s Explanation of Va Code 18.2-57.2 Assault and Battery Against a Family or Household MemberClick to Review all Assault & Battery Case Results
Read more about the associated assault laws and defenses here: Virginia Assault and Battery, Domestic Assault, and Malicious Wounding Laws and Defenses
§ 18.2-51.6. Strangulation of another; penalty.
Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.
§ 18.2-57.2. Assault and battery against a family or household member; penalty.
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.
D. The definition of “family or household member” in § 16.1-228 applies to this section.