Criminal Law
Non-Fatal Strangulation Solicitors in Brighton
If you’ve been charged with this offence, you’re facing a serious criminal offence that carries up to five years’ imprisonment. You’ll need experienced legal representation from a criminal defence solicitor immediately to protect your rights and fight for the best possible outcome.
Criminal Defence
Expert Defence Against Non-Fatal Strangulation Charges
Our Brighton-based solicitors have extensive experience defending clients against these allegations and understand the life-changing impact these charges can have.
This is a relatively new offence that came into force on 7 June 2022 under the 2021 Act. We’re here to provide expert legal advice and robust representation throughout the entire process.
We don’t judge. We look at the facts, and we fight for you.
Why choose our solicitors
- Extensive experience with this relatively new offence
- Non-judgmental - we look at the facts
- Expert advocates at all court levels
- 24-hour emergency police station representation
- Martin Cray holds Higher Courts Advocacy Certificate (Criminal)
The Law
Understanding the Charges
These are standalone criminal offences introduced to address a particularly dangerous form of violence, often (but not exclusively) occurring in domestic abuse situations.
The offence is charged under Section 75A of the Serious Crime Act 2015 (as inserted by Section 70 of the Domestic Abuse Act 2021). Maximum sentence: five years’ imprisonment. Either-way offence: can be tried in either the Magistrates’ Court or Crown Court.
What Is Strangulation?
This occurs when someone intentionally restricts another person’s breathing by applying external pressure to the neck. This can include choking with hands around the neck, using an arm or forearm to compress the neck, using a ligature (such as a rope, belt, or cord) around the neck, or any other method of applying external pressure to the neck.
What Is Suffocation?
This occurs when someone intentionally restricts another person’s breathing by other means, such as covering the nose and mouth with hands, using a pillow, plastic bag, or other object to restrict breathing, or any other method of blocking the airways.
The key word is “intentionally.” The prosecution must prove you intended to restrict the other person’s breathing. Accidental contact or reckless behaviour may not meet the threshold for this offence.
Key facts about the offence
- Introduced under the Domestic Abuse Act 2021, in force from 7 June 2022
- Maximum sentence: five years' imprisonment
- Either-way offence - can be tried in Magistrates' or Crown Court
- Prosecution must prove intentional restriction of breathing
- Accidental contact may not meet the threshold
- Often arises in a domestic abuse context
How We Help
How Our Solicitors Can Help
Facing charges for this offence can be frightening and overwhelming. Our criminal defence team will work closely with you from the moment you contact us to build a strong defence strategy tailored to your specific circumstances.
We offer 24-hour emergency representation at police stations throughout Brighton and the wider Sussex area. Call our emergency number on 07395855445. Please note that we do not offer legal aid and a payment on account of £1,000 + VAT will be required to secure the attendance of a qualified solicitor outside business hours.
We will
- Provide immediate advice if you are arrested or questioned by police
- Attend police station interviews with you
- Review all evidence including medical reports and witness statements
- Challenge whether the prosecution can prove intent
- Explore all possible defences
- Represent you in court with confidence and expertise
Warning - police interviews
If you have been arrested or asked to attend a police interview in connection with this allegation, it is vital, in our opinion, that one of our criminal defence solicitors attends with you. Do not attend a police interview alone.