One of our criminal defense clients was facing simple assault and strangulation charges from an incident which allegedly took place in his home in Bucks County. The charge of strangulation is defined as:
(a) Offense defined.–A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by:
(1) applying pressure to the throat or neck; or
(2) blocking the nose and mouth of the person.
(b) Physical injury.–Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section.
(1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute a misdemeanor of the second degree.
While the Magisterial District Judge allowed the Simple Assault charge to proceed to the Court of Common Pleas, Attorney Tom Kenny was able to successfully get the strangulation charge dismissed. Our client walked out of court very happy.