Denver Strangulation Lawyer
Strangulation charges carry consequences that reach far beyond what most people expect when they first hear the charge. What begins as a domestic dispute can become a felony conviction that follows someone for the rest of their life, affecting employment, housing, firearms rights, immigration status, and custody of their children. Colorado law treats strangulation with particular severity, and prosecutors in Denver, Adams County, Jefferson County, and across the metro area pursue these cases aggressively. Reid DeChant is a Denver strangulation lawyer who has taken these cases through trial and understands what it actually takes to defend against a charge that often comes down to one person’s word against another, physical evidence that can be interpreted in more than one way, and emotions that were running high on all sides.
How Colorado Charges Strangulation and What That Means for You
Under Colorado law, strangulation is charged as a form of assault, typically second-degree assault, when a person applies pressure to the throat or neck of another person or blocks their nose or mouth. Because of that classification, strangulation is a class 4 felony when committed against an intimate partner or a household member. That is not a misdemeanor domestic violence case. It is a felony with mandatory sentencing ranges, a domestic violence designation that attaches a separate set of consequences, and a conviction that cannot simply be sealed and moved past.
The domestic violence designation matters enormously here. Colorado’s mandatory arrest policy means that when police respond to a call and see any visible mark, any redness, or any complaint of neck pain, an arrest almost always follows. The alleged victim does not get to decide whether charges are filed. That decision belongs to the prosecutor, and prosecutors routinely move forward with strangulation charges even when the complaining witness later recants or expresses reluctance to cooperate. This is a deliberate feature of the system, not an oversight, and it means the defense strategy must account for a prosecution that can and will proceed without a cooperative witness.
What Makes These Cases Harder to Defend Than They Look
The evidence in a strangulation case is rarely clean. Visible injury from strangulation is often subtle or absent entirely in the immediate aftermath, which creates a complicated dynamic. Early on, a lack of visible marks may seem favorable. But it is well-established in forensic medicine that petechiae, bruising, and other indicators can appear hours or even days after the event. Prosecutors know this, and they may introduce medical expert testimony about delayed injury presentation.
At the same time, that same forensic complexity creates room for a skilled defense. The presence or absence of injury, its location, its pattern, and its timing can all be contested. Reid has handled cases involving these evidentiary questions and understands how to evaluate whether the physical evidence actually supports the prosecution’s narrative, whether independent forensic review is warranted, and how to cross-examine expert witnesses who are not as objective as they are presented to be.
Text messages, 911 recordings, and statements made to police in the first moments after an incident also play a major role in these cases. What gets said in the chaos of a police response frequently becomes the most important evidence at trial, because it is documented, immediate, and difficult to walk back. Reid takes a hard look at every statement made by every party and evaluates how those statements interact with the physical evidence and witness testimony that follows.
The Long-Term Consequences No One Mentions at Arraignment
A felony strangulation conviction changes life in concrete ways that go well beyond the sentencing range. Under federal law, anyone convicted of a domestic violence offense is permanently prohibited from possessing firearms. This affects people in law enforcement, the military, and a wide range of licensed professions. Colorado licensing boards for nurses, physicians, teachers, real estate agents, and other regulated professionals take felony domestic violence convictions seriously, and a conviction can trigger disciplinary proceedings that result in suspension or revocation of a license.
For immigrants, a domestic violence felony can constitute a deportable offense and may trigger mandatory detention under federal immigration law. Reid has worked with clients for whom the immigration consequences of a conviction were as significant as the criminal penalties themselves, and those consequences must be part of any honest conversation about how to handle the case.
Custody and parenting time are also directly affected. Colorado family courts take domestic violence findings seriously, and a felony conviction can shift the outcome of a custody dispute dramatically. Even a deferred judgment or a plea to a lesser charge may carry collateral consequences that affect a parent’s rights. Understanding what those downstream effects look like is part of how Reid advises clients on how to weigh the options in front of them.
Questions People Ask About Strangulation Charges in Denver
Can the charges be dropped if the other person doesn’t want to press charges?
Not automatically. Colorado’s mandatory prosecution approach for domestic violence cases means the district attorney’s office makes the charging decision, not the alleged victim. Prosecutors can and do subpoena witnesses who do not want to testify. That said, a witness’s reluctance or recantation is a relevant factor, and it can affect how a case is resolved. A defense attorney can work with the full picture of what the witness is willing to say and what the evidence actually shows.
Is strangulation always charged as a felony?
When it is alleged to have occurred against an intimate partner or household member, strangulation is generally charged as second-degree assault, which is a class 4 felony with a domestic violence designation. The specific facts of the case, the charging decisions made by the prosecutor, and the history of the parties involved can all affect what charges are actually filed and what the realistic outcomes look like.
What happens at a mandatory protection order hearing?
When someone is arrested and charged with a domestic violence offense, a mandatory protection order is issued as a condition of bond. That order typically prohibits contact with the alleged victim and may require the defendant to leave a shared home. The initial order is set at the first advisement hearing. It can be modified later, but only through the court, and only with the right motion and showing. Violating a protection order is a separate criminal offense that can land someone back in custody.
What if I was acting in self-defense?
Self-defense is a legitimate legal defense in Colorado assault cases, including those involving strangulation allegations. How viable that defense is depends entirely on the specific facts: what happened before the alleged strangulation, who initiated the physical confrontation, whether the force used was proportional, and what evidence exists to support the self-defense account. This is precisely the kind of fact-intensive question that needs to be worked through with someone who has actually tried these cases.
Will I go to jail while the case is pending?
Bond in strangulation cases varies. Some defendants are released on personal recognizance with conditions, while others face a cash bond or are held. Factors that affect bond include criminal history, the nature of the alleged offense, the relationship between the parties, and the defendant’s ties to the community. A defense attorney can appear at the bond hearing and advocate for reasonable conditions of release.
How does the prosecution handle cases where there are no visible injuries?
Prosecutors do not view the absence of visible injury as a barrier to prosecution. They rely on the testimony of the alleged victim, expert witnesses who speak to delayed injury presentation, and documentation of symptoms reported at the time of the police response. Challenging those elements requires preparation, knowledge of the forensic science involved, and effective cross-examination. These are not cases that resolve themselves because the physical evidence is ambiguous.
Does a conviction mean prison time?
Second-degree assault as a class 4 felony carries a presumptive range of two to six years in the Colorado Department of Corrections, with potential for probation in appropriate cases. Whether incarceration is imposed depends on the specific facts, criminal history, the particular judge, and how the case is resolved. Mandatory sentencing provisions can apply in certain circumstances. This is something to work through carefully with your attorney based on the actual facts of your situation.
Defending a Strangulation Charge in Denver’s Courts
Strangulation cases in Denver move through Denver District Court, and cases in the surrounding metro area end up in the district courts for Adams, Jefferson, Arapahoe, Douglas, or Broomfield counties depending on where the incident occurred. Reid has practiced in these courts. He knows the prosecutors, the procedural rhythms, and how these cases tend to be handled in each jurisdiction. That familiarity matters when it comes to evaluating offers, anticipating litigation strategy, and making informed decisions about whether a case should go to trial.
Reid tried a strangulation case to a not guilty verdict, and that result appears in DeChant Law’s case results. Taking a case to trial requires real preparation: working through the evidence carefully, knowing how to tell the client’s story to a jury, and understanding when a fight is worth having. Reid trained at Trial Lawyers College, where the focus is on the human dimension of legal representation, how to connect with a jury and present a client as a full person rather than as a set of allegations. That approach matters most in cases where the facts are difficult and the stakes are high.
If you are facing a strangulation charge in Denver or anywhere in the metro area, Reid DeChant is a Denver strangulation defense attorney who will work through the facts honestly with you, explain what the evidence actually shows, and build a defense based on what the case requires. Contact DeChant Law to talk through where things stand.