In a case where the defendant put his thumbs on the front of a child’s neck and hands around the child’s neck, the court said that there was sufficient evidence that would warrant a jury to find that he intended to strangle and kill her.
It is possible for someone to attempt murder by strangulation without making contact with the victim. Therefore, assault and battery is not necessarily a lesser included offense of attempted murder by strangulation. However, simple assault is a lesser included offense.
Comm. v Sicard (2016) Unpub. 89 Mass.App.Ct 1004 Unpublished
Bodily injury can be proven one of three ways: permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.
Here, the victim suffered a loss of consciousness. Her vision was impaired; she had a swollen tongue; there were petechiae visible; and she had a subconjunctival hemorrhage.
Mueller testified that blocking one’s airway for 20-40 seconds would cause unconsciousness and that it could cause death in 4-6 minutes.
Strangulation amounted to substantial risk of death.