The Charge

Although this charge is commonly referred to as “choking”, it covers a much wider range of prohibited acts than just choking. Section 246 of the Criminal Code makes it a crime to attempt to do any of the following acts for the purpose of facilitating an indictable offence:

  • Choke
  • Strangle
  • Suffocate
  • Administer an overpowering drug
  • Do anything to try to render someone unconscious or incapable of resistance.

This offence is designed to punish anyone who tries to choke another person out, to make it easier to commit another crime, such as rape or robbery. Thus, people charged with this offence are also commonly charged with other offences, like sexual assault, theft, and robbery.

Choking another person is recognized in law as an extremely dangerous form of assault that can cause brain injury or death to the victim, and deploying it as a means to facilitate additional crimes is considered especially reprehensible.

Note that this offence does not make it a crime to simply choke or strangle another person. The offender must have had the commission of another crime in mind when he committed the choking. However, choking someone with no further purpose can still be punished under assault, aggravated assault, or perhaps even attempted murder.

Bail

This charge often arises in the context of a domestic relationship, where the alleged victim is the accused’s wife, girlfriend, or other family member. As such, the police and prosecution will likely opposes your release if you have any sort of a violent past.

That’s why you need a Calgary Criminal Lawyer in your corner when you are arrested for choking. We will make a compelling presentation to the Judge as to why your detention is not necessary to protect the alleged victim or to ensure you will come to court.

If you are released, you may be subject to strict conditions, including:

  • Do not contact or communicate with the alleged victim;
  • Do not go to their house or place of work;
  • Do not possess any weapons;
  • Do no consume alcohol or drugs;
  • Do not contact any witnesses to the alleged offence.

If the alleged victim is a loved one or family member, some of these conditions can cause obvious stress and inconvenience on your life! In appropriate cases, we may be able to change or delete any conditions that have an excessively negative effect on your day to day life.

The Defence

Calgary Criminal Lawyers take an evidence-based approach to your choking charge. Our work starts with an inside-out review of all the police evidence alongside your version of events. We conduct a thorough analysis of all the potential legal issues in your case and them provide you with all available options and routes of attack. Our review may focus on any of the following points:

  • Does the Crown have sufficient proof that you intended to commit a further offence beyond choking or strangling the alleged victim? For example, were you simply defending yourself?
  • Can the prosecution prove that you were the one who committed the crime?

The Sentence

When it comes to being sentenced for choking, the risk to your freedom is too high to proceed without a Calgary Criminal Lawyer.

The maximum punishment for Choking is life in jail.

There are several additional consequences that flow from being found guilty of this charge:

  • A mandatory order that you give a DNA sample to the national forensic DNA databank;
  • A prohibition on owning any firearms and related items for 10 years to life;
  • A period of probation of up to three years, including terms that you have no contact or communication with the victim.

Let Calgary Criminal lawyers work to ensure that any sentence you receive goes absolutely no farther beyond what is necessary. In every case, we present a thorough and convincing argument to the judge that any sentence keeps any restrictions on your freedom to the absolute minimum, and is tailored to your unique circumstances.