Does the California Strangulation law only apply to domestic violence incidents?

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I was strangled on the front porch by a close friend. The night before I broke his window while drunk and returned the next morning to apologize and ask for written statements for repairs. There were no witnesses to the crime although it happened along a busy street. The case is being sent to the DA office. How will it play out? How do I prove my case and what may happen to the defendant. Are battery cases taken seriously or are they usually ignored?

Attorney Answers

4
Victor Murray HwangDivorce / Separation LawyerSan Francisco, CA ·
Yes, the California Strangulation Law amends Penal Code section 273.5 which applies only to domestic violence cases. Other than your testimony, if you were strangled, there may be medical evidence of the strangulation or photographs of your bruising which would support your case. Depending on the level of your injuries and the defendant's past criminal record, this case could range from a discharge (DA does not file) to a misdemeanor battery to a felony battery with injuries. It really depends on the level of proof and the injuries sustained.
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Greg Hill ·
Stangulation is not limited to domestic violence cases. It is difficult to say how the case will "play out" without knowing your injuries, the defendant's criminal history, whether any witnesses called 911 and the court that will handle the case.
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Michael Cernyar ·
Any marks on you, along with your testimony and his answers to the police questions may be all the information that is needed to prosecute. If the matter is being sent to the DA's office, then it is very likely that the police have probable cause to proceed further. I wish you the best.
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