If you’re looking for a highly experienced Domestic Violence & Family Lawyer then Smith Criminal Law can help!
Our lawyers have a wealth of experience with matters involving domestic and family violence. Applying for or responding to a domestic and family violence protection order is a daunting process, often complicated by the nuanced relationship between the parties, intense emotions and simultaneous family law or criminal law proceedings.
We have experience and expertise in both family and criminal law matters and the various ways they can be impacted by protection order applications. We will guide you through the process and explain the implications of a protection order on your family or criminal law matters.
Choking, Suffocation or Strangulation – Domestic Violence Offence Lawyers Sunshine Coast
Section 315A of the Criminal Code 1899 (Qld) outlines the very specific circumstances of choking, suffocation or strangulation in the context of domestic violence. The legislation provides that a person is guilty of a crime if they choke, suffocate or strangle a person with whom they are in a domestic relationship and could face a maximum imprisonment sentence of up to seven years.
The reason that such specific legislation was introduced was as a result of 2014 findings by a Queensland Special Taskforce on domestic and family violence that there was a significantly higher risk of homicide as a result of strangulation in a domestic setting.
A 2019 report released by the Sentencing Council found that 97% of offenders charged with strangulation from 2016 to 2018 received a custodial sentence. It is therefore imperative that legal representation is sought early in the piece in order to have the best possible chance at avoiding imprisonment. Whilst there is no applicable mandatory minimum imprisonment period for the offence, since choking, suffocating or strangling are all very violent acts, a term of imprisonment is usually handed down by the court.
Smith Criminal Law are specialists in the field of domestic violence law. We understand the devastation that domestic violence and related charges can have on families. Our expert team have extensive experience representing both aggrieved and accused parties who are involved in domestic violence disputes in Queensland. We are acutely aware of the emotional toll that such offences can take on both sides, and we’re able to work with you to deploy empathy, patience and to assist you in navigating the legal and practical complexities that can arise. Contact us today, and we’ll make it our mission to advocate tirelessly for your rights.