Virginia (2012)


VA. CODE ANN. § 18.2-51.6. STRANGULATION OF ANOTHER; PENALTY

Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.

CODY V. COMMONWEALTH OF VIRIGINA 78 VA.APP. 638 (April 2018)

In Cody v. Commonwealth of Virginia, the prosecution proved another strangulation case without the victim’s testimony through a well-documented investigation and forensic examination.  The victim’s hearsay statements were admitted through spontaneous statements, the medical diagnosis exception and forfeiture by wrongdoing, as the prosecution was able to show that the defendant forfeited his right to cross exam the victim by his wrongful acts of witness intimidation.

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