What is the Crime of Strangulation in Indiana?

Strangulation is one of the most serious charges that can come out of a domestic dispute in Indiana, and one of the most misunderstood. It is a felony on its own, with no injury required and no requirement that the alleged victim lost consciousness. It is frequently filed alongside domestic battery, and it changes the tone of a case immediately: bail is higher, no-contact orders are stricter, and prosecutors are far less willing to negotiate. Here is how Indiana defines strangulation, what the State has to prove, the penalties at each level, and where the defense usually lives.

Strangulation under Indiana Law

Under Indiana Code 35-42-2-9, a person commits strangulation when, in a rude, angry, or insolent manner, they knowingly or intentionally do one of three things:

1. Apply pressure to the throat or neck of another person
2. Obstruct the nose or mouth of another person
3. Apply pressure to the torso of another person

and do so in a manner that impedes the normal breathing or blood circulation of the other person. The statute defines torso broadly as any part of the upper body from the collarbone to the hips, so a bear hug or sitting on someone's chest can qualify. Medical procedures are expressly excluded.

The critical phrase is "impedes the normal breathing or the blood circulation." The State does not have to prove the person could not breathe at all, only that breathing or circulation was impeded. A hand on the throat that makes it harder to breathe for a few seconds meets the statutory definition. That is a low bar, and it is why strangulation charges often come as a surprise to people who believed nothing serious happened.

What the State has to Prove

To convict, prosecutors must establish each element beyond a reasonable doubt:

• The defendant acted knowingly or intentionally, not accidentally or recklessly
• The defendant acted in a rude, angry, or insolent manner, the same language used in Indiana's battery statute
• The defendant applied pressure to the throat, neck, or torso, or obstructed the nose or mouth
• That act impeded normal breathing or blood circulation

The last element is where most trials are decided. Strangulation frequently leaves no visible marks. Prosecutors rely on the alleged victim's testimony, 911 recordings, body camera footage of the initial statements, photographs of redness or petechiae, and sometimes a forensic nurse's examination. Without physical evidence, the case can turn entirely on credibility.

Possible Penalties

Level 6 felony. Strangulation is a Level 6 felony by default. The sentencing range is six months to two and a half years, with an advisory sentence of one year, and a fine of up to $10,000. A Level 6 felony can be entered as a Class A misdemeanor at sentencing under Indiana Code 35-50-2-7, or converted to a misdemeanor later, if the court agrees and the person has no disqualifying history.

Level 5 felony. The offense becomes a Level 5 felony in two situations: the alleged victim was pregnant and the defendant knew it, or the defendant has a prior unrelated strangulation conviction. A Level 5 felony carries one to six years, with an advisory sentence of three years, and cannot be reduced to a misdemeanor.

Strangulation and Domestic Battery

Most strangulation charges arise between family or household members, and prosecutors typically file both strangulation and domestic battery from the same incident. The two are separate offenses with separate elements, so a conviction on both is possible without a double jeopardy problem, though the facts sometimes support a merger argument.

The domestic context adds consequences that go beyond the sentence:

• A no-contact order is nearly automatic at the initial hearing and can bar you from your own home
• A conviction for a crime of domestic violence results in a federal and state firearm prohibition, and as explained in our expungement article, expunging the conviction does not restore that right
• Strangulation is treated by courts and child welfare agencies as a high-lethality indicator, which affects custody and parenting time proceedings
• Non-citizens face immigration consequences, because strangulation is generally treated as a crime of violence

Possible Defenses

Strangulation cases are often defensible, and the defense usually comes from one of these directions:

No impediment to breathing or circulation. Contact with the neck during a struggle, pushing someone away by the shoulders and chest, or restraining a person who is attacking you does not meet the statute unless breathing or circulation was actually impeded. The absence of marks, no complaint of breathing difficulty at the scene, and inconsistent later statements all support this defense.

Self-defense. Indiana Code 35-41-3-2 permits reasonable force to protect yourself or a third person. Many strangulation allegations arise from mutual altercations where both people were grabbing at each other. If the other person was the aggressor, the force used was proportional, and you were not the initial aggressor, self-defense is a complete defense.

Lack of intent. The State must prove a knowing or intentional act. Accidental contact during a fall, an attempt to stop someone from leaving that did not involve the neck, or contact that occurred while restraining a person who was harming themselves can defeat the intent element.

Credibility and motive. Strangulation allegations sometimes arise in the middle of divorce, custody disputes, or a relationship breakup. Text messages, prior inconsistent statements, and evidence of motive to fabricate are admissible and often decisive.

Recanting witnesses. An alleged victim who no longer wishes to prosecute does not end the case; the State can proceed without their cooperation. But a recantation, or a refusal to testify, forces the State to rely on hearsay exceptions, excited utterances, and body camera footage, and it substantially weakens the case.

Call Mo Today

Do not contact the alleged victim, even if they contact you first. A no-contact order violation is a separate crime, invasion of privacy, and it is one of the fastest ways to lose a defensible case. Do not give a statement to police without counsel. Preserve any messages, photographs, or witnesses that show what actually happened, and get a lawyer involved before the initial hearing so bond and no-contact conditions can be argued at the outset.

Call (347) 889-4944 or schedule a consultation to discuss the facts and hear your options!