Ohio Strangulation Lawyer
Charged Under O.R.C. 2903.18?
Ohio’s strangulation law (O.R.C. 2903.18) took effect April 4, 2023, and it gives prosecutors a direct path to felony charges. These cases are often built with bodycam statements, 911 audio, photos, and medical records that become the foundation of the State’s narrative within the first 24–48 hours.
If you are under investigation or have already been charged, the defense needs to move early and force the State to prove the charged subsection and the alleged harm level.
What you get with Patituce & Associates:
- Trial credibility. Our attorneys have handled 400+ jury trials, and we prepare cases to litigate—not to plead—because the State treats these allegations as high stakes from day one.
- Evidence-focused defense. Strangulation charges rise or fall on proof: what the medical records support, what the scene evidence shows, whether timelines match, and whether the State can establish the required mental state.
- Proven results in serious criminal cases. We have a record of success in high-stakes cases, including those involving violent crimes and domestic violence.
How Patituce & Associates Can Help
Strangulation allegations are time sensitive. Early missteps can lock in the State’s narrative and narrow your options.
Our strangulation defense attorneys in Ohio can help by:
- Intervening early and controlling exposure
- Forcing the State to identify the exact subsection and prove the elements
- Challenging enhancements that elevate the felony degree
- Testing medical claims, timelines, and causation
- Preparing for contested hearings and trial when prosecutors refuse to be reasonable
Defense Strategies in Ohio Strangulation Cases
A strong defense focuses on forcing the State to prove the statute it charged, especially the harm/risk level and the “knowingly” element. Common pressure points include:
- Charging level (B)(1) vs. (B)(2) vs. (B)(3): prosecutors often push the highest subsection they think they can sustain.
- Medical proof and causation: what the records show, what they don’t, and whether symptoms/injuries are being attributed without support.
- Intent (“knowingly”): the statute requires a mental state; that matters when the incident is brief, chaotic, or disputed.
- Credibility and motive: many cases arise from relationship conflict where the allegation is used as leverage.
- Self-defense/defense of others (when supported): context matters, including who initiated force and whether the accused acted lawfully.
- Evidence integrity: bodycam, 911 audio, contemporaneous messages, witness statements, photos, medical timelines, and inconsistencies.
At Patituce & Associates, we tailor every defense to the unique facts of the case. No matter what you have been accused of, our attorneys will work tirelessly to protect your freedom, reputation, and future.
Call (440) 771-1175 for a free and confidential consultation. Our Ohio strangulation defense attorneys are available 24/7.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
How These Cases Commonly Start
Most strangulation prosecutions begin with a fast-moving investigation where law enforcement tries to lock in a narrative early.
Common fact patterns include:
- Domestic calls after an argument where one party alleges hands to the neck or face
- Claims of brief pressure with little visible injury, but later medical complaints
- Photos of redness/bruising and 911 calls used as “timeline anchors”
- Bodycam statements made in the first minutes of a chaotic scene
What is Ohio’s Strangulation Law?
Ohio’s strangulation statute, O.R.C. 2903.18, prohibits conduct involving “strangulation or suffocation,” defined as any act that impedes normal breathing or blood circulation by applying pressure to the throat/neck, or by covering the nose/mouth. The statute is structured around three levels of alleged harm/risk, and those levels drive the felony degree.
O.R.C. 2903.18(B)(1): Serious physical harm by strangulation/suffocation (F2)
Prosecutors generally try to prove:
- You acted knowingly, and
- You caused serious physical harm to another person, and
- The harm was caused by means of strangulation or suffocation.
O.R.C. 2903.18(B)(2): Substantial risk of serious physical harm (F3)
Prosecutors generally try to prove:
- You acted knowingly, and
- You created a substantial risk of serious physical harm, and
- The risk was created by means of strangulation or suffocation.
O.R.C. 2903.18(B)(3): Physical harm or substantial risk of physical harm (Base F5, with enhancements)
Prosecutors generally try to prove:
- You acted knowingly, and
- You caused physical harm or created a substantial risk of physical harm, and
- It occurred by means of strangulation or suffocation.
This subsection is where degree enhancements commonly appear, including enhancements tied to the relationship, pregnancy, and prior violent felony history.
Medical / Aid Exception
Ohio law provides an affirmative defense where the act was done as part of a medical or other procedure undertaken to aid or benefit the alleged victim.
How Strangulation Is Charged and Elevated
Under O.R.C. 2903.18:
- (B)(1) is a Felony 2.
- (B)(2) is a Felony 3.
- (B)(3) is a Felony 5 by default.
But (B)(3) charges can be elevated—for example:
- If the alleged victim is a family/household member or someone in a qualifying dating relationship, it becomes an F4.
- If that relationship exists and (a) you have a prior conviction for a felony offense of violence, or (b) you knew the alleged victim was pregnant, it becomes an F3.
Penalties for Strangulation in Ohio
Strangulation is a felony offense, and the exposure depends on the subsection and enhancements.
Felony 2 (O.R.C. 2903.18(B)(1))
- Prison: the court selects a minimum term of 2–8 years. (For many F2 cases, Ohio uses an indefinite sentence structure that also includes a separate maximum term).
- Fine: up to $15,000
Felony 3 (O.R.C. 2903.18(B)(2) and some enhanced (B)(3) cases)
- Prison: 9 to 36 months
- Fine: up to $10,000
Felony 4 (enhanced (B)(3) in certain relationship-based cases)
- Prison: 6 to 18 months
- Fine: up to $5,000
Felony 5 (base (B)(3) cases without enhancement)
- Prison: 6 to 12 months
- Fine: up to $2,500
In addition to prison/fines, these cases commonly carry no-contact conditions, firearm consequences, and long-term employment/licensing fallout. The real-world risk depends on the charging subsection, alleged injuries/risk level, relationship allegations, and county practices.
Strangulation vs. Domestic Violence, Assault, and Protection Orders
Many strangulation charges originate from domestic calls, and they may be filed alongside:
- Domestic violence allegations (often based on the same incident), and/or
- Assault or other violent crime counts depending on alleged injury and evidence, and/or
- Protection-order proceedings that impose immediate restrictions before trial.
If there is an accompanying order (or one is being sought), the defense strategy must account for both the criminal case and the protection-order track, because statements and “trying to explain” early can create evidence the State uses later.
Call Now to Get Started with a Free Consultation
If you’re facing a strangulation investigation or charge under O.R.C. 2903.18, the time to discuss your defense is now.
At Patituce & Associates, our strangulation attorneys represent clients across Ohio from multiple locations and are available 24/7. Whether you are facing charges in Cleveland, Akron, Dayton, Toledo, Cincinnati, Columbus, or anywhere in between, you can rely on Patituce & Associates for the experienced defense you need.
Call (440) 771-1175 or contact us online for a free consultation with our strangulation lawyers in Ohio.
