Massachusetts Strangulation Domestic Assault and Battery Lawyer

DelSignore Law can help you if you face a Massachusetts Strangulation charge which will often be accompanied by other criminal charges of domestic assault and battery. A Strangulation criminal charge is more serious than a standard domestic assault and batteruy charge because it can involve the following:

1. A request to hold without bail under the Dangerousness Statute;
2. Higher bail
3. More restrictive conditions of release.

Being charged with strangulation in a domestic assault and battery case in Massachusetts is overwhelming. It is not a routine domestic charge. It is a felony, and it immediately raises the stakes—jail exposure, permanent criminal consequences, and aggressive prosecution.

If you are facing this charge, you need to understand what the Commonwealth must prove, how these cases are actually defended, and why early strategy matters.

What Is a Strangulation Charge in Massachusetts?

A strangulation charge is a separate domestic assault and battery crime.

Under Massachusetts law, strangulation is defined as:

The intentional interference with normal breathing or circulation of blood by applying substantial pressure to the throat or neck of another.
M.G.L. c. 265, § 15D(a)

Why the Law Changed — and Why It Matters

Before the strangulation statute was enacted in 2014, prosecutors were often forced to choose between:

• Attempted murder (extremely difficult to prove), or
• Simple assault and battery (a misdemeanor)

The strangulation law was designed to fill that gap. It now allows prosecutors to charge a felony based on the nature of the alleged conduct—without having to prove intent to kill.

The result: more felony charges in domestic cases, often based on minimal or disputed evidence.

Penalties for Strangulation in a Domestic Assault Case First-Offense Strangulation

• Up to 5 years in state prison, or
• Up to 2½ years in a house of correction

A felony conviction carries lifelong consequences, including:

• Loss of employment opportunities
• Firearms disqualification
• Mandatory DNA submission
• Immigration consequences for non-citizens

Enhanced Penalties (Up to 10 Years State Prison)

If any of the following apply:

• A prior strangulation conviction
• Serious bodily injury
• Alleged violation of a restraining order
• Alleged victim is pregnant

Are Strangulation Charges Defended Differently? The defense strategy does not change — but the leverage does.

Strangulation cases are defended using the same disciplined approach as any domestic assault case:

• Careful analysis of credibility
• Aggressive motion practice
• Early identification of evidentiary weaknesses

What does change is the District Attorney’s posture. Prosecutors are far less willing to dismiss or reduce strangulation charges because the statute was enacted specifically to increase penalties.

It is important to take proactive steps to address what may have sued the underlying allegations including alcohol treatment and or counseling.

Common Defense Strategies in Strangulation Cases

Every case is different, but these are the core issues that matter:

1. Did the victim make up the allegations

Massachusetts Criminal Defense Lawyer Michael DelSignore understands that manhy of his clients face Strangulation and other domestic assault and battery charges because the alleged victim may lie for the following reasons:

1. Gain leverage in a Divorce;
2. Revenge to get back at someone after a relationship ends;
3. Financial motives

Many cases involve allegations of hands near the neck — not actual interference with breathing or blood flow.
A one defense is demonstrating that the evidence does not meet the legal definition of strangulation. The more common defense would be to show that nothing happened and the entire incident is fabricated by the alleged victim.

2. Credibility and Motive

Domestic cases often arise during breakups, custody disputes, or emotional conflicts.
If the allegation was fabricated or exaggerated, the case may only be resolvable at trial.

3. Can the Commonwealth Proceed Without the Alleged Victim?

If the alleged victim does not wish to testify, the prosecution may rely on:

• 911 recordings
• Body-worn camera footage
• Statements allegedly made by the accused

Each of these presents serious constitutional issues.

4. 911 Calls and the Right to Confrontation

When a case relies on a 911 call, a critical stage is a motion in limine seeking exclusion on Sixth Amendment confrontation grounds.

5. Statements to Police

If you made statements regarding the incident at the scene, Attorney DelSignore may be abel to have these statements excluded from evidence through what is referred to as a motion to suppress. A motion to suppress challenges the legal basis evidence was obtained in hopes to exclude it from the Prosecutors case at trial.

Is Strangulation Ever Used to Overcharge a Case?

Yes.

In some cases, strangulation is added:

• To increase pressure for you to accept a plea; allow the District Attorney to file a motion for dangerousness to hold you without bail.
• To limit plea options
• As leverage to secure a plea to the underlying domestic charge

Understanding whether the charge is legitimately supported or strategically inflated is one of the most important judgments a defense lawyer makes early in the case.

Attorney DelSignore’s experience can help you

Strangulation allegations carry emotional weight with judges and prosecutors. They require:

• Strategic judgment
• Confidence litigating constitutional motions
• Willingness to try cases when necessary

Attorney Michael DelSignore has over two decades of experience defending domestic assault and felony charges in Massachusetts courts and understands how these cases are actually prosecuted — and how they are won. Attorney DelSignore is well known in Court all over Massachusetts for his passionate representation of those charged with a criminal offense.

Speak With a Massachusetts Strangulation Defense Lawyer

If you or a loved one is facing a strangulation charge tied to a domestic assault and battery allegation, get informed early. The decisions made at the beginning of the case often determine the outcome.

Call Attorney DelSignore at 781-686-5924 to discuss your situation and your options.

For additional information, see:
Will a Domestic Assault and Battery Case Be Dismissed If the Alleged Victim Does Not Testify?

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