What a Charge of Attempts to Choke Means
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What does ‘attempts to choke’ mean?
Under section 37 of the Crimes Act 1900 (NSW), a charge of attempts to choke encompasses the following:
Intentionally,
- Choking
- Suffocating or,
- Strangling
another person.
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| Choke, suffocate or strangle | s37(1A) | 5 years imprisonment |
| Choke, suffocate or strangle being reckless as to rendering other unconscious | s37(1) | 10 years imprisonment |
| Choke, suffocate or strangle with intent to commit a serious indicatable offence | s37(2) | 25 years imprisonment |
What are defences to a charge of attempts to choke?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of attempts to choke if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with attempts to choke
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of attempts to choke is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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