Strangulation and suffocation are felonies in Massachusetts under G.L. c. 265, § 15D. Putting substantial pressure on someone’s neck or blocking their nose or mouth, in a way that interferes with their breathing or blood flow, can lead to a state prison charge even if there is no visible injury. These charges come up most often in domestic cases, where what happened in a few seconds is usually disputed.
At a Glance: Strangulation or Suffocation
Felony
up to 5 years in state prison
Up to 10 years
if aggravated, such as serious bodily injury or a known pregnancy
Substantial pressure
strangulation requires substantial pressure on the throat or neck
Batterer’s program
ordered on conviction or a CWOF unless the court finds good cause
The law: G.L. c. 265, § 15D; District Court Instruction 6.390
What the Law Covers
Section 15D defines two offenses:
- Strangulation: the intentional interference with normal breathing or blood circulation by applying substantial pressure on the throat or neck of another person.
- Suffocation: the intentional interference with normal breathing or blood circulation by blocking the nose or mouth of another person.
Before § 15D, this conduct was usually charged as assault and battery. It is now a separate felony.
Strangulation vs. Suffocation
Strangulation
Intentional, substantial pressure on the throat or neck that interferes with breathing or blood circulation
3 elements: pressure, substantial, interference
Suffocation
Intentionally blocking the nose or mouth, interfering with breathing or blood circulation
2 elements: blocking, interference
Aggravated · § 15D(c)
Either one, plus serious bodily injury, a known pregnancy, or a known restraining or no-contact order
Up to 10 yrs state prison; fine up to $10,000
The law: G.L. c. 265, § 15D; Instruction 6.390
What the Commonwealth Must Prove
Under District Court Instruction 6.390 (revised March 2023), for strangulation the Commonwealth must prove beyond a reasonable doubt that:
- you intentionally applied pressure on the throat or neck of the alleged victim;
- the pressure was substantial; and
- the pressure interfered with the alleged victim’s normal breathing or blood circulation.
For suffocation, the Commonwealth must prove that:
- you intentionally blocked the nose or mouth of the alleged victim; and
- your action interfered with the alleged victim’s normal breathing or blood circulation.
“Intentionally” means you consciously and deliberately meant the touching to happen; it was not accidental or negligent. The instruction notes that § 15D is a general intent crime: the Commonwealth does not have to prove you meant to interfere with breathing, only that you intentionally did the act that caused the interference.
What Is “Substantial Pressure”?
The statute does not define it, and the Appeals Court has held that the phrase is clear enough for a jury to apply without a definition. Under the instruction, the jury may consider how, where, when, and for how long the pressure was applied, and any evidence of its effect on the alleged victim.
Penalties
- Strangulation or suffocation (§ 15D(b)): up to 5 years in state prison or 2½ years in a house of correction, a fine of up to $5,000, or both.
- Aggravated (§ 15D(c)): up to 10 years in state prison or 2½ years in a house of correction, and a fine of up to $10,000, if the offense causes serious bodily injury, the person was pregnant and you knew or had reason to know it, or you knew of a vacate, restraining, or no-contact order in effect against you.
- Batterer’s intervention: for any violation, or as a condition of a continuance without a finding, the court must order a certified batterer’s intervention program unless it makes written findings of good cause or the program finds you unsuitable.
Serious bodily injury means injury that causes permanent disfigurement, loss or impairment of a bodily function, limb, or organ, or a substantial risk of death. A § 15D charge can also lead to a dangerousness hearing.
Defenses
- Pressure was not substantial: brief or light contact with the neck may not meet the standard.
- No interference with breathing or circulation: contact with the neck alone is not enough.
- Not intentional: accidental or negligent contact, for example during a struggle, does not qualify.
- Self-defense or defense of another: force used in proper self-defense is not a crime.
- Credibility and evidence: medical records, photographs, 911 calls, and changes in the account over time often decide these cases.
- Aggravating factor not proved: for example, that you knew about an order or a pregnancy.
Why a Lawyer Matters
A strangulation charge carries a felony label, a possible dangerousness hearing, and a mandatory batterer’s program, often based on one person’s account of a few seconds. Testing the evidence of pressure and interference is where these cases are won. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
