Connecticut (2007)


CT. GEN. STAT. § 53a-64aa. STRANGULATION IN THE FIRST DEGREE: CLASS C FELONY 

(a) A person is guilty of strangulation in the first degree when such person commits strangulation in the second degree as provided in Section 53a-64bb and

(1) In the commission of such offense, such person

(A) Uses or attempts to use a dangerous instrument, or

(B) Causes serious physical injury to such other person, or

(2) Such person has previously been convicted of a violation of this section or Section 53a-64bb.

(b) No person shall be found guilty of strangulation in the first degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of Section 53a-95 or 53a-96, and “assault” means a violation of Section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a- 60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the first degree is a Class C felony.

CT. GEN. STAT. § 53a-64bb. STRANGULATION IN THE SECOND DEGREE: CLASS D FELONY

(a) A person is guilty of strangulation in the second degree when such person restrains another person by the neck or throat with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.

(b) No person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of Section 53a-95 or 53a-96, and “assault” means a violation of Section 53a-59, 53a-59a, 53a-59b, 53a- 59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the second degree is a Class D felony.

CT. GEN. STAT. § 53a-64cc. STRANGULATION IN THE THIRD DEGREE: CLASS A MISDEMEANOR

(a) A person is guilty of strangulation in the third degree when such person recklessly restrains another person by the neck or throat and impedes the ability of such other person to breathe or restricts blood circulation of such other person.

(b) No person shall be found guilty of strangulation in the third degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of Section 53a-95 or 53a-96, and “assault” means a violation of Section 53a- 59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.

(c) Strangulation in the third degree is a Class A misdemeanor.

State v. Lewis (2019)

Officer had reasonable and articulable suspicion to suspect the defendant might have armed dangerous because he was a suspect in an act of domestic violence that involved choking. Because a domestic violence incident involving choking increases the probability that the suspect might be armed with a weapon, be it a gun or other kind of weapon, it also creates reasonable suspicion that the suspect might threaten the safety of the officer. Studies show that there is a strong link between domestic violence cases in which the suspect is armed and officers are killed or shot in the line of duty.

 

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