An argument turns physical, things escalate quickly, and suddenly you’re not just dealing with domestic violence accusations — prosecutors are mentioning attempted murder.

If choking or strangulation are part of a domestic violence claim, you could face a serious legal battle. California law treats these situations very severely. They can elevate a domestic battery charge to an attempted murder charge, bringing with it life-altering consequences.

If you or someone you love is dealing with a situation like this, the first critical step is to understand what happens when domestic violence escalates to attempted murder, and what it means for your defense.

In this short guide, we’ll break down domestic violence cases that involve strangulation. We’ll clarify the charges, explain what prosecutors must prove, and show how an experienced defense attorney can safeguard your rights and your future.

If you have specific questions or a situation where you need legal help, the Helfend Law Group is here for you. Call us anytime at 800-834-6434 to schedule your free case review.

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Typical charges in domestic violence strangulation cases

When domestic violence accusations involve strangulation, several California laws can be applied.

Corporal injury on an intimate partner

This is often the foundational charge. To secure a conviction, the prosecution must prove you willfully inflicted a “corporal injury” leading to a “traumatic condition” on an intimate partner.

This includes current or former spouses, cohabitants, fiancés, the parent of your child, or someone you’re seriously dating or used to date.

“Willfully” means you acted intentionally, though not necessarily with the intent to cause the specific level of harm. A “traumatic condition” is defined broadly, covering minor bruises or redness to more severe injuries.

Importantly, California law specifically includes injuries from strangulation or suffocation, even without visible marks.

This charge is a “wobbler,” meaning prosecutors can file it as a felony or a misdemeanor, usually based on injury severity and your prior record.

As a misdemeanor, a conviction can result in up to one year in county jail and/or fines up to $6,000.
As a felony, a conviction can lead to imprisonment in state prison for two, three, or four years, and/or fines up to $6,000. Penalties can increase if you have prior convictions for similar offenses.

For example, grabbing a partner’s arm hard enough during an argument to cause bruising could lead to this charge. If you briefly placed hands on their neck during a struggle, causing redness or pain, this too could fall under this law, even if they didn’t lose consciousness.

Attempted murder

This is where the stakes skyrocket. The prosecution must prove two critical elements beyond a reasonable doubt:

That you had the specific intent to kill the other person, and
That you took a direct but ineffective step toward that goal.

Merely intending to hurt, scare, or even seriously injure is not enough; the intent must be to kill.

The act of choking itself can be argued as the direct step. An example lacking intent to kill might involve a struggle where you place hands on someone’s neck to push them away or stop an attack, without any murderous intention.

While still a serious offense, it likely lacks the specific “intent to kill.” Conversely, if you allegedly threatened to kill someone and then choked them to near unconsciousness, a prosecutor would likely argue this shows intent to kill.

Attempted murder is always a felony. The penalties depend on whether it is considered first-degree or second-degree:

Attempted first-degree murder (willful, deliberate, and premeditated) is punishable by life in state prison with the possibility of parole.
Attempted second-degree murder (all other attempts) is punishable by five, seven, or nine years in state prison.
In addition to prison time, a conviction can result in fines up to $10,000 and victim restitution.

If proving intent to kill seems unlikely, prosecutors might opt for other felony charges.

Assault with force likely to produce great bodily injury: This applies if you used physical force likely to cause significant or substantial physical injury. Strangulation, given its potential for internal damage or unconsciousness, can be argued as such force. This is a wobbler offense:
- As a misdemeanor, it carries a penalty of up to one year in county jail and/or a fine up to $10,000.
- As a felony, it’s punishable by two, three, or four years in state prison.
Mayhem: This charge, less common in typical strangulation cases unless other severe, disfiguring injuries occur, involves unlawfully and maliciously depriving a human being of a member of his body, or disabling, disfiguring, or rendering it useless. Mayhem is a felony punishable by two, four, or eight years in California state prison and/or a fine of up to $10,000. If the victim is vulnerable (e.g., under 14 or over 65), additional prison time can be added. Aggravated mayhem, which involves specific intent to cause the disfiguring injury, carries a potential life sentence with the possibility of parole.

When does strangulation escalate to attempted murder?

Now that we’ve outlined the different charges that can be applied in domestic violence cases involving strangulation, the next question is how an alleged strangulation becomes attempted murder.

This happens when prosecutors believe they can prove your specific intention was to kill, not just to harm or restrain. They will scrutinize every detail of the alleged incident for evidence of this murderous intent.

Key factors include the severity and duration of the strangulation. Was pressure sustained or particularly forceful?

Did the person lose consciousness? Prosecutors often see loss of consciousness as a strong indicator of a life-threatening act.

Your words and actions are also critical. Were there threats to kill? Did other actions suggest an intent to kill?

Finally, medical evidence is vital. This includes petechiae (tiny red or purple spots from burst capillaries), neck bruising, and signs of oxygen deprivation. The accuser’s expressed fear of death can also be compelling.

In contrast, a brief struggle with hands on a neck to push someone away might lead to a PC §273.5 charge. But if the accuser claims you calmly stated an intent to kill, then choked them until they nearly blacked out, prosecutors are far more likely to file attempted murder charges due to the alleged statement of intent and the act’s severity.

How do California prosecutors handle domestic violence cases involving strangulation?

Prosecutors in California, and particularly in Los Angeles County, treat domestic violence with extreme seriousness. There’s a heightened awareness of strangulation’s lethality, even without obvious injuries.

Law enforcement and prosecutors statewide receive ongoing training on its dangers, recognizing it as a high-risk indicator for future homicide.

Many District Attorney’s offices, like the Los Angeles County DA’s office, have specialized domestic violence units. These prosecutors are experienced in such cases and may adhere to “no-drop” policies, meaning they might proceed even if an alleged victim becomes reluctant, especially in severe strangulation cases. Police are trained to identify the “primary aggressor,” and an allegation of strangulation will likely cast you in that role.

Prosecutors frequently use medical experts to explain strangulation’s seriousness to judges and juries, emphasizing that unconsciousness can occur in seconds and death in minutes, even if visible injuries are minimal.

Specific data on strangulation in domestic violence incidents is increasingly collected. The Los Angeles County DA’s office has publicly affirmed its commitment to vigorously prosecuting these offenses, often assigning cases with serious injuries like choking to high-level review.

For you, the accused, this means facing a determined prosecutor.

Lack of visible injury to the accuser doesn’t guarantee dismissal, and their reluctance might not stop the case. Medical evidence, even if seemingly minor, can be powerfully used against you. Your alleged words and actions will be intensely scrutinized for any hint of murderous intent.

Why are strangulation cases treated so seriously?

Understanding why the legal system treats strangulation so severely is key, even if you believe the incident was minor or left no marks.

Medically, strangulation is inherently dangerous: consciousness can be lost in 5-10 seconds of sustained pressure on the carotid arteries, and death can follow in minutes. Invisible dangers, like internal damage to the airway, blood vessels, or brain from oxygen deprivation, can occur without obvious external signs. Memory loss, cognitive issues, and psychological trauma are also potential consequences for the accuser.

Research also shows non-fatal strangulation in domestic violence is a strong predictor of future, even lethal, violence. This motivates prosecutors to intervene.

As a result, arguments that “they seemed fine” or “there weren’t serious marks” often carry little weight.

Building your defense with an experienced attorney

Facing an attempted murder charge for alleged strangulation is terrifying, but not insurmountable. A skilled defense attorney will meticulously examine the prosecution’s case and develop a tailored strategy. Common defense approaches include:

Challenging the claim of intent to kill – This is often the central pillar of the defense. Your attorney will work to show that even if physical contact occurred, including with the neck, you did not have the specific intent to end the person’s life. Perhaps the contact was brief, part of a dynamic struggle, an attempt to restrain, or an act of pushing away, with no thought of killing.
Asserting self-defense or defense of others – If you used force because you reasonably believed you or someone else was in imminent danger of bodily harm, this can be a complete defense. Evidence of your own injuries, the accuser’s history of violence, or witness testimony is crucial.
Exposing weak, inconsistent, or contradictory evidence – Your attorney will scrutinize all prosecution evidence, including the accuser’s statements for inconsistencies over time, the medical evidence (or its absence), and other witness accounts. The complete lack of physical signs can argue against the alleged severity or intent.
Investigating false or exaggerated allegations – In some domestic situations, especially with ongoing disputes like custody battles, accusations can be fabricated or inflated. Evidence of a motive to lie or a history of false claims will be investigated.
Arguing accidental or unintentional contact – In a chaotic physical struggle, neck contact might be accidental, not deliberate strangulation, which would not support an attempted murder charge.

It’s also crucial to remember the serious ancillary consequences of any domestic violence conviction, even a misdemeanor.

These include a lifetime federal firearms ban, a 10-year California firearms ban, potential loss of professional licenses, negative impacts on child custody, and severe immigration consequences for non-U.S. citizens.

You are accused, not convicted. Take action now.

Being accused of strangling your partner, especially when it leads to an attempted murder charge, is profoundly alarming. The legal system is complex, and California prosecutors are aggressive in these situations.

Remember, the prosecution carries the heavy burden of proving every element of the alleged crime beyond a reasonable doubt – particularly your specific intent to kill. Your story needs to be effectively presented. A thorough investigation by your defense team can uncover inconsistencies in the accuser’s account, a lack of credible medical evidence, or proof that you acted in self-defense or without any intent to kill.

If you are facing these charges, do not speak to the police or prosecutors without an attorney. Anything you say can and will be used against you. The difference between a life sentence and a lesser charge, or even an acquittal, often hinges on the skill of your legal representation.

To protect your rights and start building the strongest possible defense, contact the Helfend Law Group today at 800-834-6434.

Published May 9, 2025.