Walk It Through: The Choking and the Charge
Hands on a throat, the degree of the charge, a gun in the house, and the protective order after.
During an argument, a man puts his hands on his partner's throat until she cannot breathe.
Two things a person in this spot might do. Picking one shows what the law says about it.
A night of violence at home and the charges and order that follow. Bail conditions, a trial, and firearm surrender rules are not part of this walkthrough.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class A misdemeanorThe higher class of misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
- Class D felonyThe lowest class of felony, punishable by one to five years.
- Physical injurySubstantial physical pain or any impairment of physical condition.
- WantonlyThe mental state in wanton endangerment: wantonly creating a substantial danger of physical injury, or in the first degree, of death or serious physical injury.
- Domestic violence orderThe order a court may issue after a hearing on finding that domestic violence occurred and may occur again, for up to three years and renewable.
- Emergency protective orderAn order a court issues on the day a petition is filed when it shows an immediate and present danger of domestic violence, lasting until the hearing.