Family Violence Aggravated Assault by Strangulation and Self-Defense in Georgia

An allegation involving pressure to the neck, throat, nose or mouth can turn a domestic dispute into a serious felony case. Police and prosecutors may pursue family violence aggravated assault by strangulation even when the accused says a hold was used defensively and the alleged injuries appear limited.

These cases require a close review of how the encounter began, how long the contact lasted, whether breathing or circulation was impeded and whether the accused stopped when the danger ended.

How Georgia Defines Strangulation

Under O.C.G.A. § 16-5-21(a)(3), an assault becomes aggravated when it is committed with an object, device or instrument that, when used offensively, is likely to or actually does result in strangulation. Georgia law defines strangulation as impeding normal breathing or blood circulation by applying pressure to the throat or neck or by obstructing the nose and mouth.

Georgia appellate decisions recognize that hands can satisfy the statute’s object, device or instrument requirement. Loss of consciousness is not always required. Testimony, photographs, medical findings and the surrounding circumstances may all be used to prove or challenge the allegation.

Why the Family Violence Designation Matters

The family violence sentencing provision applies to aggravated assaults involving certain family or household relationships, including past or present spouses, parents of the same child, parents and children and qualifying current or former household members.

For a qualifying family violence aggravated assault, O.C.G.A. § 16-5-21(i) generally provides a prison sentence of three to twenty years. Other charges may arise from the same event, including battery, false imprisonment, criminal damage to property or interference with an emergency call.

Can Self-Defense Apply to an Alleged Strangulation?

Yes, but the use of force must still satisfy Georgia’s justification law. Under O.C.G.A. § 16-3-21, a person may use force when the person reasonably believes it is necessary to defend against another person’s imminent use of unlawful force.

A lawyer may examine:

• Who used or threatened unlawful force first

• Whether the accused was being struck, pinned, choked or attacked with an object

• Whether the hold was used to escape or to punish the other person

• How long the contact lasted

• Whether pressure continued after the threat ended

• Whether the response was reasonably proportionate to the danger

• What each person said and did immediately before and after the incident

If the method of force was intended or likely to cause death or great bodily injury, it may be treated as deadly force. Deadly force generally requires a reasonable belief that it was necessary to prevent death, great bodily injury or a forcible felony.

Georgia’s stand-your-ground law means a person who is otherwise justified has no duty to retreat. It does not automatically make a neck restraint lawful or protect an aggressor who did not effectively withdraw.

Evidence Commonly Disputed in These Cases

A defense investigation may compare the accusation with:

• Body-camera footage and recorded 911 calls

• Photographs taken immediately and in the following days

• Emergency-room records, imaging and follow-up care

• Notes about voice changes, swallowing, breathing or neck pain

• DNA, fingerprints or damaged clothing

• Video from inside or outside the home

• Injuries to the accused

• Messages sent before and after the incident

The absence of a particular injury does not automatically defeat the charge. Likewise, the presence of marks does not by itself prove who initiated the encounter or why force was used.

Immunity and Self-Defense at Trial

A defendant may seek pretrial immunity under O.C.G.A. § 16-3-24.2 and generally bears the burden of proving justification by a preponderance of the evidence. If the judge denies immunity, the defendant may still argue self-defense at trial when the evidence supports it.

Frequently Asked Questions

Can hands support a strangulation charge?

Yes. Georgia appellate decisions have recognized hands as sufficient when used in a manner likely to or actually causing strangulation.

Is loss of consciousness required?

No. The statutory focus is whether normal breathing or blood circulation was impeded.

What is the potential sentence?

Qualifying family violence aggravated assault generally carries three to twenty years in prison.

Speak With an Atlanta Criminal Defense Attorney

The Jerome Law Firm P.A. represents clients in Fulton, DeKalb, Clayton and Gwinnett counties. If you are accused of family violence aggravated assault by strangulation, Contact Serge Jerome Jr. at The Jerome Law Firm PA (404) 720-8141.

This article provides general information about Georgia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different.