Until recently in Tennessee, if a person was arrested for choking someone, the perpetrator would be charged with a misdemeanor. Since choking incidents are sometimes a precursor to more serious acts of domestic violence, the Tennessee legislature took steps to enact a more stringent law.
In a press release relating to the new legislation, state Senator Christine Kehoe states, "Almost half of all domestic violence homicide victims have experienced at least one incident of attempted strangulation prior to lethal or near lethal violent incidents. Victims of prior attempted strangulation are seven times more likely of becoming a victim of homicide. These alarming facts show the need for earlier intervention by strengthening our laws on attempted strangulation."
In the bill, strangulation "means intentionally impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person." A person being choked may pass out in a few seconds. After four or five minutes, choking may be lethal.
The bill passed both the House and the Senate with unanimous votes in late May 2010. Governor Bill Haslam signed it into law on June 6, 2010. While it was not the only bill to pass unanimously, it was the only bill to pass without a single amendment.
Strangulation Now a Felony
The new law classifies strangulation as an "aggravated assault" and is now considered a felony rather than a misdemeanor. If a person is convicted of this crime, the recommended sentence is three to six years in prison. The new law is already being enforced. For example, in September a Nashville police officer was arrested and charged with aggravated assault after he had a fight with his girlfriend during which he attempted to choke her.
For those who have been charged with aggravated assault or other felonies, it is important to work with an experienced criminal defense attorney.
