Violence and injury
Strangulation or suffocation
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years' custody (7 years if racially or religiously aggravated — Crime and Disorder Act 1998, s.29)
Actus reus
- Intentionally strangles another person, or does any other act that affects the other's ability to breathe and constitutes battery (Serious Crime Act 2015, s.75A(1)).
Mens rea
- Intention to strangle, or (for the suffocation limb) the mens rea for battery plus an act affecting ability to breathe.
Defences
Consent (s.75A(2)) — evidential burden on the accused; not available if serious harm resulted and the accused intended or was reckless as to serious harm (s.75A(3)) · Deny the act / identification
Sentencing Council
Sentencing Council guideline effective 1 January 2025. Offence range for the basic offence: high-level community order to 4 years 6 months' custody.
At the police station
Domestic cases are common. Ask for injury photos, medical notes and BWV. Consent is a statutory issue — do not treat it as a complete answer if bruising or ABH-level harm is alleged.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.