Strangulation and Suffocation in Massachusetts | G.L. c. 265 § 15D

October 12th, 2018

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G.L. c. 265, § 15D — A Separate Felony with Mandatory Batterer’s Intervention and Aggravating Factors

Strangulation is not a new form of violence, but Massachusetts now treats it as a distinct felony under G.L. c. 265, § 15D. Before the statute, similar conduct was typically charged as assault and battery or, in more serious cases, attempted murder. The creation of a standalone offense has led to a significant increase in charging, particularly in domestic-violence cases, and frequently triggers dangerousness hearings under G.L. c. 276, § 58A.

This expanded guide explains the elements of strangulation and suffocation, the aggravated versions of the offense, the mandatory batterer’s intervention requirement, and practical defense considerations.

Statutory Definitions

The statute defines two related but distinct acts:

Strangulation: the intentional interference of the normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another;
Suffocation: the intentional interference of the normal breathing or circulation of blood by blocking the nose or mouth of another.

Elements the Commonwealth Must Prove

For strangulation, the Commonwealth must prove three things beyond a reasonable doubt:

That the defendant intentionally applied pressure on the throat or neck of the alleged victim;
That the pressure was substantial; and
That the pressure interfered with the normal breathing or circulation of blood of the alleged victim.

For suffocation, the Commonwealth must prove that the defendant intentionally blocked the nose or mouth of the alleged victim and that the action interfered with normal breathing or circulation of blood. The “substantial pressure” requirement applies to strangulation but not to the blocking required for suffocation.

Strangulation is a general-intent crime. The Commonwealth need not prove a specific intent to interfere with breathing; the intentional commission of an act that results in such interference is sufficient.

Aggravated Strangulation or Suffocation

The offense is aggravated—and the maximum penalty increases—when any of the following is present:

The act causes serious bodily injury;
The defendant knows or has reason to know that the victim is pregnant;
The defendant knows or has reason to know that an abuse-prevention or restraining order is in effect; or
The defendant has a prior conviction for strangulation or suffocation.

Although the maximum penalty for the aggravated offense is ten years in state prison, the charge remains within the final jurisdiction of the District Court.

Penalties

A basic conviction under § 15D is punishable by imprisonment in state prison for not more than five years, or in the house of correction for not more than two and one-half years, or by a fine of not more than $5,000, or by both. The aggravated form carries a maximum of ten years in state prison (or two and one-half years in the house of correction) and a fine of not more than $10,000.

Mandatory Batterer’s Intervention Program

For any violation of § 15D, or as a condition of a continuance without a finding, the court must order the defendant to complete a certified batterer’s intervention program unless:

Upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered; or
The batterer’s intervention program determines that the defendant is not suitable for intervention.

Practical Impact of a Strangulation Charge

Because the charge is a felony and frequently arises in the context of domestic disputes, it often triggers a dangerousness hearing under G.L. c. 276, § 58A. Even a relatively minor physical altercation can escalate into a felony prosecution if there is any allegation that hands contacted the neck area and interfered, even briefly, with breathing. Leading questions during police interviews can also contribute to the filing of the charge.

Defense Strategies

Common avenues of defense include:

Challenging whether any pressure applied to the neck was “substantial”;
Contesting whether there was actual interference with normal breathing or circulation of blood;
Examining medical records, photographs, and the consistency of the complainant’s statements over time;
Raising issues of self-defense, defense of another, or accident; and
Addressing the frequent companion charges of assault and battery on a family or household member and any related 209A order proceedings.

Frequently Asked Questions

Does there have to be visible injury?

No. The statute does not require visible injury. Interference with breathing or circulation, even momentary, can satisfy the elements if the other requirements are met.

Is a brief grab of the neck enough?

It depends on whether the pressure was substantial and whether it actually interfered with normal breathing or circulation. Mere contact without interference is not enough.

Will I automatically have to complete a batterer’s program?

Yes, unless the court makes specific written findings of good cause or the program determines the defendant is not suitable. This requirement applies even to a continuance without a finding.

Why Experienced Counsel Matters

A strangulation charge carries felony exposure, frequently leads to pretrial detention hearings, and triggers mandatory intervention programming. Early and careful investigation of the medical evidence, the complainant’s statements, and the precise circumstances of any physical contact is essential to protecting the client’s liberty and record.

Contact Criminal Defense Attorney William J. Barabino

If you or a loved one has been charged with strangulation or suffocation, early and experienced representation is essential. The Law Office of William J. Barabino provides client-focused criminal defense throughout Massachusetts.

Call 781-393-5900 today for a confidential consultation.

Visit williambarabino.com for additional resources on violent crimes and related topics.

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