Speak with us about a strangulation allegation and your legal options.
After an arrest involving an allegation of strangulation, you may be unsure what happens next. An accusation is not a conviction, but understanding the charge and any court-imposed restrictions can help you prepare for the proceedings ahead.
At Steele Law Criminal Defense, we explain how a Colorado felony strangulation charge moves through the courts and what defense options may be available.
How the Law Changed Felony Charging
Colorado strangulation law changed in 2016 when House Bill 16-1080 added strangulation as a specific form of assault in the second degree. The required bodily injury need not be serious.
This created a clearer basis for felony charges and may prompt more thorough documentation of breathing difficulties, even without visible wounds. Investigators can consider reported symptoms alongside recordings and medical findings when evaluating whether the statutory requirements are met.
What Must Prosecutors Prove?
For second-degree assault by strangulation in Colorado, C.R.S. 18-3-203(1)(i) requires proof of each element beyond a reasonable doubt. In alleged strangulation cases, prosecutors must establish:
- Intent: The accused intended to cause bodily injury.
- Pressure or obstruction: The accused applied pressure to the neck or obstructed the nose or mouth, causing restricted breathing or impaired blood circulation.
- Resulting injury: The conduct caused bodily injury, including physical pain without visible wounds.
Where the evidence falls short, we challenge the prosecution’s ability to prove the charge.
What Penalties Can a Colorado Felony Strangulation Charge Carry?
Strangulation charged under this statute is generally a Class 4 felony with an extraordinary-risk designation, which increases the upper end of the usual sentencing range. That designation alone does not require imprisonment.
Felony strangulation in Colorado carries stricter consequences for repeat convictions under HB26-1290, effective September 1, 2026. The law requires enhanced sentencing with mandatory incarceration when the defendant has a qualifying prior conviction for the same offense. That conviction must be identified in the current charging document.
A separate proposal, HB25-1227, would have allowed mandatory incarceration for strangulation involving a deadly weapon. It failed in committee and never became law.
What Evidence Can Support or Challenge the Allegation?
We examine the available evidence for consistency and gaps:
- Initial reports: We review the 911 call and statements recorded shortly after the incident.
- Recorded observations: We examine body-camera footage and photographs to establish what they capture and what remains unclear.
- Medical findings: We assess available medical records for reported symptoms and examination findings.
- Surrounding context: We compare relevant text messages with witness accounts to clarify the circumstances.
Each source’s reliability and limitations help us determine how to respond to the prosecution’s account.
How Does a Domestic Violence Designation Affect Your Case?
A domestic violence designation attaches to the underlying offense rather than creating a separate crime. Domestic violence strangulation in Colorado involves alleged conduct within a current or former intimate relationship. The designation can affect sentencing requirements and plea negotiations.
A felony domestic violence charge may involve a protection order and bond conditions restricting contact during early county court proceedings. As your Denver felony domestic violence attorney, we explain how these restrictions affect communication and everyday arrangements.
How Are Allegations Involving Sexual Activity Evaluated?
Consensual sexual activity is not automatically criminal, but consent does not necessarily extend to choking. Allegations of coercion or restricted breathing can increase legal exposure, particularly when injury or sexual assault is alleged.
As your Colorado strangulation defense lawyer, we assess whether consent provides a defense within statutory limits and evaluate any accompanying sexual assault charge separately.
What Happens After an Arrest or Felony Filing?
The first appearance after an arrest typically occurs in county court, where a judge addresses bond and protective conditions. When available, a preliminary hearing determines whether probable cause supports the charge, not guilt.
A Colorado felony strangulation charge that advances beyond preliminary proceedings may move to district court, where felony trials are heard.
We evaluate defense options and explain negotiation opportunities while preparing for a possible trial. Our team also tracks hearing deadlines that may affect your procedural rights.
Speak With a Colorado Criminal Defense Lawyer at Steele Law Criminal Defense
Facing a Colorado felony strangulation charge can leave you uncertain about your future. With more than 25 years of experience defending clients, Margaret Teigen Steele helps you understand your options and make informed decisions.
To discuss your case with a criminal defense attorney, call Steele Law Criminal Defense at (303) 907-1504 and arrange a consultation.
This page provides general information and does not constitute legal advice.