Wisconsin’s strangulation and suffocation statute is one of the most aggressively charged offenses in the state’s domestic-violence files. The legislature created it in 2007 specifically because medical research established that strangulation in domestic-violence relationships is one of the strongest predictors of later homicide. As a result, Wisconsin prosecutors charge it readily, and they charge it as a separate Class H felony on top of any battery count from the same incident.
What the State Must Prove
Under § 940.235, the State must prove two elements: (1) the defendant impeded the normal breathing or circulation of blood by applying pressure on the throat or neck, or by blocking the nose or mouth, of another person, and (2) the defendant did so intentionally. No visible injury is required.
The penalty tier turns on the defendant’s record:
| Statute | Trigger | Class | Maximum |
|---|---|---|---|
| § 940.235(1) | Basic offense | Class H felony | 6 years / $10,000 |
| § 940.235(2) | Prior § 940.235 conviction or prior violent-crime conviction under § 939.632(1)(e)1 | Class G felony | 10 years / $25,000 |
Why No Visible Injury Is Required
The statute reaches any impedance of normal breathing or blood circulation. Forensic and emergency-medicine literature on strangulation, much of it driven by the Training Institute on Strangulation Prevention, has established that strangulation can produce minimal external evidence even where the impedance was substantial. Wisconsin’s Criminal Jury Instruction 1255 reflects this.
Evidence prosecutors typically offer:
- Petechiae: pinpoint hemorrhages in the eyes, eyelids, face, or lining of the mouth, caused by burst capillaries from impeded venous return.
- Voice changes: hoarseness, loss of voice, raspy quality.
- Difficulty swallowing: reported in the days following the incident.
- Brief loss of consciousness: even seconds-long blackout supports impedance.
- Dizziness, nausea, headache: post-incident symptoms consistent with cerebral hypoxia.
- Visible marks: handprint bruising, fingernail abrasions, ligature marks. Often present, but not required.
The defense response is twofold: (1) attack the impedance element where the medical evidence is thin or absent, and (2) attack the intent element where any contact was incidental to a struggle and not directed at impeding breathing.
How Strangulation Is Charged with Other Counts
In domestic-violence files, the strangulation count almost never appears alone. Common co-charged combinations:
- Strangulation, § 940.235 plus simple battery, § 940.19(1): bruising or visible marks alongside the choking allegation.
- Strangulation plus substantial battery, § 940.19(2): stitches, fracture, concussion, or tooth loss alongside the choking allegation.
- Strangulation plus disorderly conduct, § 947.01 (with DV modifier): the catch-all when the State wants the DV firearm hook even if the choking count fails.
- Strangulation plus false imprisonment, § 940.30: where the alleged victim was held in place during the incident.
- Strangulation plus bail jumping, § 946.49: when the defendant violates a no-contact bond imposed at the strangulation arraignment.
A defense strategy focused only on the battery count, with the strangulation count treated as a side issue, leaves most of the exposure standing. The strangulation count is the lead exposure in nearly every case it appears in.
The Domestic Violence Overlap
Most Wisconsin strangulation cases are charged with a § 968.075 domestic-violence modifier. That triggers everything from the underlying DV regime: mandatory arrest at the scene, a 72-hour no-contact provision, and federal firearm consequences on conviction. See our domestic-violence defense page for the full picture.
The firearm consequences specifically:
- Felony conviction: lifetime federal firearm disability under 18 U.S.C. § 922(g)(1).
- Reduced misdemeanor with DV modifier preserved: lifetime federal firearm disability under 18 U.S.C. § 922(g)(9) as a “misdemeanor crime of domestic violence.”
- Pending bond with no-contact order: temporary federal firearm prohibition under 18 U.S.C. § 922(g)(8) while the order is active.
Removing the DV modifier at plea is a defense priority even when the underlying conviction must stand.
Defenses We Regularly Raise
- Self-defense or defense of others under § 939.48. Once raised, the State must disprove it beyond a reasonable doubt.
- Lack of intent. Contact with the throat or neck during a struggle is not automatically intentional impedance. Witness accounts, video, and the alleged victim’s own description of the dynamics matter.
- The impedance element fails. No medical evidence of impeded breathing or circulation, no petechiae, no voice change, no loss of consciousness, and an inconsistent account from the alleged victim can defeat the State’s case on this element alone.
- Credibility / inconsistent accounts. Many strangulation cases turn on a single witness whose later statements differ from the initial 911 call or responding-officer narrative. Recanted or evolving accounts are common in DV cases and create real reasonable-doubt arguments.
- Mutual struggle vs. directed strangulation. Where both parties were physically engaged, the State has a harder time proving the defendant intentionally impeded the alleged victim’s breathing rather than the contact arising incidentally.
- DV-modifier removal. Even if the underlying conviction stands, removing the modifier preserves federal firearm rights.
Forensic Evidence the Defense Needs Early
The strangulation case window for evidence preservation is short. Within 24-72 hours of engagement, the defense should:
- Subpoena the alleged victim’s ER chart, including imaging, photographs, and the SANE/forensic-nurse exam if performed.
- Preserve any 911 audio and the responding-officer bodycam.
- Photograph any injuries the defendant sustained (mutual struggle, defensive injuries).
- Identify and contact eyewitnesses before their accounts harden into the State’s narrative.
- Pull any text messages, social-media DMs, or call logs from before and after the incident.
In thin cases, this evidence wins suppression-style motions before the strangulation count gets to a jury. In strong cases, it sets up the negotiation that strips the count or the DV modifier.
What to Do If You’re Charged
- Do not contact the alleged victim under any circumstances, even to apologize or to ask what happened. The bond will impose a no-contact order; violating it is a separate Class H felony bail-jumping count.
- Do not give a statement to police. The strangulation case will be built on the alleged victim’s account, the responding officer’s narrative, and any photographic or medical evidence. Adding your account to that mix only helps the State.
- Document your own injuries. Photographs and medical-care records of bruising, scratches, defensive injuries are critical to a self-defense or mutual-struggle theory.
- Engage counsel before the bond hearing. The bond on a strangulation charge is high. Aggressive defense at the initial bond hearing preserves release and shapes the rest of the case.
Related Practice Areas
- Domestic violence and assault
- Battery and assault, § 940.19
- Disorderly conduct, § 947.01
- Reckless endangerment, § 941.30
- Bail jumping, § 946.49
- Wisconsin expungement strategy
Contact Cafferty & Scheidegger immediately if a strangulation count is filed or threatened. Free consultation; call or text 24/7 at (262) 632-5000.
