As of April 2023, Ohio classifies strangulation as a felony offense under Ohio Revised Code § 2903.18. The law makes it a crime to knowingly impede another person’s breathing or blood circulation by applying pressure to the neck or throat, or by covering the nose and mouth.
If you are facing charges for felony strangulation in Ohio, it is critical to understand exactly what prosecutors have to prove, the penalties you are looking at, and how an experienced Columbus domestic violence defense lawyer can protect your rights.
What Is Felony Strangulation Under Ohio Law?
Ohio Revised Code § 2903.18 defines strangulation or suffocation as any act that impedes normal breathing or blood circulation by applying pressure to the throat or neck, or by covering the nose and mouth. Senate Bill 288, which took effect April 4, 2023, made Ohio the last state in the country to elevate strangulation from a misdemeanor to a standalone felony.
The statute sets felony levels based on the degree of harm and the relationship between the parties:
- Second-degree felony: knowingly causing serious physical harm by strangulation or suffocation (ORC 2903.18(B)(1)).
- Third-degree felony: knowingly creating a substantial risk of serious physical harm (ORC 2903.18(B)(2)).
- Fifth-degree felony (baseline): knowingly causing or creating a risk of physical harm (ORC 2903.18(B)(3)).
- Fourth-degree felony enhancement: the baseline offense charged against a family or household member, or a current or former dating partner.
- Third-degree felony enhancement: the baseline offense when the offender has a prior felony offense of violence, or knew the alleged victim was pregnant.
Why Was Strangulation Reclassified as a Felony?
Before SB 288, Ohio prosecutors in Franklin County and across the state had to charge most strangulation incidents as misdemeanor domestic violence or assault, even though research has long identified non-fatal strangulation as one of the strongest predictors of later homicide in intimate partner cases. The new statute gives prosecutors a standalone felony tool and lets the courts treat these allegations more seriously at every stage, from bond through sentencing.
Penalties for Felony Strangulation in Ohio
Because ORC 2903.18 covers four different felony levels, the stakes vary significantly depending on how the prosecutor charges the case:
- Second-degree felony: 2 to 8 years in prison and fines up to $15,000.
- Third-degree felony: 9 to 36 months in prison and fines up to $10,000.
- Fourth-degree felony: 6 to 18 months in prison and fines up to $5,000.
- Fifth-degree felony: 6 to 12 months in prison and fines up to $2,500.
A strangulation conviction at any felony level also carries consequences that follow you long after any jail or prison term ends:
- A permanent felony record on your Ohio criminal history.
- Loss of firearm rights under state and federal law.
- Possible immigration consequences, including removal for non-citizens.
- Barriers to professional licenses, housing applications, and employment background checks.
- Potential civil protection orders that restrict contact with the alleged victim and shared children.
How Strangulation Charges Differ From Assault in Ohio
Strangulation cases often get filed alongside charges under Ohio’s general assault statutes, and it is easy to confuse them. The key differences come down to the specific act and the proof the state must offer:
- Assault (ORC 2903.13): knowingly causing or attempting to cause physical harm. It can be charged as a first-degree misdemeanor, and felony enhancements apply when the victim is a peace officer, corrections officer, or certain other protected persons.
- Strangulation (ORC 2903.18): a specific act that impedes breathing or blood flow, charged as a felony from the outset. Visible injury is not required, and prosecutors can rely on testimony about symptoms such as difficulty swallowing, voice changes, or temporary loss of consciousness.
Because strangulation is its own offense, a single incident can result in both a strangulation count and an assault or domestic violence count filed together. Our Columbus team reviews every count carefully to identify where the evidence actually supports the state’s theory and where it does not. If you have questions about a related assault charge, our Columbus assault defense attorneys can walk you through how the counts interact.
Common Defenses to Strangulation Charges
Every strangulation case turns on its facts, but several defense strategies come up repeatedly in Franklin County Court of Common Pleas:
Self-Defense or Defense of Others
Ohio’s self-defense law (strengthened by SB 175 in 2021) allows a person to use proportional force to protect themselves or a family member from imminent harm. When a physical struggle escalates and one person restrains another to stop an attack, the contact may legally qualify as self-defense rather than criminal strangulation. Our attorneys regularly analyze body-worn camera footage, 911 recordings, and medical records to support a self-defense claim in an Ohio assault case.
False or Exaggerated Allegations
Strangulation charges are sometimes filed during contentious breakups, custody disputes, or divorce proceedings. Inconsistencies between the initial 911 call, police reports, medical records, and the accuser’s later statements can raise serious doubts about the reliability of the allegation.
Lack of Physical Evidence
Ohio law does not require visible bruising or petechiae for a strangulation charge, but the absence of injury still matters to a jury. Our team works with forensic experts to challenge claims that are not supported by the medical record, photographs, or the accused person’s own observable condition.
Mistaken Identification or Misinterpreted Contact
Arguments, falls, and accidental contact during a chaotic scene can look like strangulation to responding officers who arrive after the fact. We scrutinize the timeline, witness statements, and scene photographs to show where officers drew conclusions the evidence does not support.
Challenging the Element of “Knowingly”
The state has to prove the accused acted knowingly. When the contact was incidental, defensive, or happened in the course of trying to separate two people, the required mental state may be missing.
Strangulation Charges Raise the Stakes at Every Step
Felony charges reshape almost every decision in a criminal case. Plea offers are limited, mandatory judicial findings apply at sentencing, and the collateral consequences are far more severe than a misdemeanor would carry. That is why people accused of strangulation should avoid trying to explain the incident to officers at the scene. Anything you say can be framed as an admission, even when the full story is on your side.
How a Columbus Strangulation Defense Attorney Can Help
At Luftman, Heck & Associates, we have a strong record of defending felony domestic violence and assault cases across Franklin County and central Ohio. We investigate independently, subpoena medical and communications records, press the state on weak evidence, and push for dismissals, reductions to misdemeanor assault, or alternative dispositions when they are available.
Do not try to talk your way out of a strangulation allegation at the scene or at the jail. Call us first, and let an experienced Columbus criminal defense attorney handle the communication with investigators.
Frequently Asked Questions About Ohio Strangulation Charges
What qualifies as strangulation under Ohio law?
Applying pressure to another person’s neck or throat, or covering the nose and mouth, in a way that impedes normal breathing or blood flow qualifies, even when there are no visible injuries.
Can I go to prison for a strangulation charge?
Yes. A conviction under ORC 2903.18 can result in 6 months to 8 years in prison depending on the degree of the felony the prosecutor charges.
Can you be charged with strangulation without visible injuries?
Yes. Ohio law does not require visible bruises or marks. Testimony, medical records, and statements describing symptoms like hoarseness, difficulty breathing, or loss of consciousness can support a charge.
Is strangulation always considered domestic violence in Ohio?
Not always. Strangulation under ORC 2903.18 applies to any qualifying act of pressure to the neck or suffocation. It often arises in domestic violence cases, but it can also be charged after non-domestic altercations.
How does strangulation differ from assault in Ohio?
Assault under ORC 2903.13 covers a broad range of conduct that causes or attempts to cause physical harm, often as a misdemeanor. Strangulation under ORC 2903.18 is a specific felony offense tied to impeding breathing or circulation.
Do I need a lawyer if I believe I am innocent?
Yes. A felony strangulation charge has to be taken seriously at every stage. Legal representation protects your right to remain silent, preserves favorable evidence, and gives you the best chance of avoiding a conviction on your record.
Facing Strangulation Charges? Contact LHA for a Free Consultation
If you or a loved one has been accused of felony strangulation in Columbus or anywhere in central Ohio, do not wait to get legal help. Our office is available 24/7. Call (614) 500-3836 or request a free, confidential case evaluation online.