The charge of attempt to choke is treated extremely serious by the criminal courts. Lengthy imprisonment terms can be ordered by the Court if you are convicted of this offence.
The offence of attempt to choke is prescribed under section 37 of the Crimes Act (NSW). This section states that:
Whosoever:
by any means attempts to choke suffocate or strangle any person, or
by any means calculated to choke suffocate or strangle, attempts to render any person insensible unconscious or incapable of resistance,
with intent in any such case to enable himself or herself or another person to commit, or with intent in any such case to assist any person in committing, an indictable offence, shall be liable to imprisonment for 25 years.
Defences
If you have been charged with attempt to choke, there may be a number of defences available to you, which could in turn find you ‘not guilty’ of the offence. Such defences may include:
1. Self Defence - You were defending your self
2. Necessity – It was legally necessary for you to commit an attempt to choke
3. Duress – You were forced to commit an attempt to choke by another party.
4. Challenging the legitimacy of the charge on legal technicalities
Penalties
The maximum penalty for a person convicted of common assault is imprisonment for 25 years.
How can Prime Lawyers help?
If you have been charged with an attempt to choke or any other criminal offence, our criminal lawyers can assist you. You may a defence available to you which could mean you are found ‘not guilty’ of this offence and we will advise you on your chances of succeeding in a defence to the charge.
If you are pleading guilty to a criminal charge such as an attempt to choke, we will represent you in court to help minimise the punishment the court imposes. There are severe imprisonment terms that can be ordered by the court so it is important that you seek proper legal advice.