Grand Rapids Assault by Strangulation Lawyer: Powerhouse Defense for High-Stakes Felonies
If you are facing an allegation of Assault by Strangulation in Grand Rapids, you are in the middle of a legal emergency. In Michigan, this is not a simple misdemeanor; it is a 10-year felony under MCL 750.84. Prosecutors in Kent County treat these cases with extreme aggression, often pushing for prison time even for first-time offenders.
You cannot afford a “wait and see” approach. You need the premier defense attorney in West Michigan, Shawn James Haff, right away. At Criminal Defense Attorney Shawn Haff, we provide a sophisticated shield for those accused of violent crimes, ensuring that a single night of conflict doesn’t result in a decade behind bars.
Understanding Assault by Strangulation (MCL 750.84)
In Michigan, the law regarding Assault with Intent to do Great Bodily Harm Less Than Murder (AWIGBH) was expanded to include Strangulation or Suffocation.
Under MCL 750.84, the prosecution does not have to prove that you intended to kill the other person, nor do they have to prove that the other person suffered a permanent injury. To secure a conviction, the Kent County Prosecutor only needs to prove:
- Intentional Impediment: You intentionally impeded the normal breathing or circulation of blood.
- Pressure applied: This was done by applying pressure to the throat or neck or by blocking the nose or mouth.
Crucial Warning: Many people believe that if there are no marks or bruises, there is no case. This is a dangerous misconception. Prosecutors can—and will—bring charges based solely on a “victim’s” statement that they “couldn’t breathe” for even a split second.
The Penalties: What Is at Stake?
A conviction for Assault by Strangulation in the 17th Circuit Court is life-altering. The consequences include:
- Prison Time: Up to 10 years in Michigan State Prison.
- Heavy Fines: Up to $5,000 in criminal fines.
- Probation: Up to 5 years of intense supervision with restrictive conditions.
- No-Contact Orders: You may be barred from your own home and prohibited from seeing your children for the duration of the case.
- Permanent Felony Record: This charge is a “crime of violence,” which can prevent you from ever owning a firearm, holding certain professional licenses, or securing high-level employment.
Navigating the Grand Rapids Court System
When you are arrested for strangulation in Kent County, your case begins in either the 61st District Court (Grand Rapids) or the 63rd District Court (surrounding townships like Grandville, Walker, and Cascade).
The Preliminary Examination: This is the most critical stage of a felony case. Within 14 days of your arraignment, the prosecutor must present enough evidence to show “probable cause.” Shawn Haff is a powerhouse in the courtroom during these hearings. We use the Preliminary Exam to:
- Cross-examine the accuser: We expose inconsistencies in their story before the case ever reaches a jury.
- Challenge medical evidence: If the police are claiming “petechiae” (small red spots) or neck bruising, we scrutinize the photos and medical reports to see if those marks could have been caused by something else.
- Fight for dismissal: If the evidence is weak or the testimony is clearly fabricated, we move to have the charges dropped immediately.
Common Defenses Against Strangulation Charges
Just because you have been charged does not mean you are guilty. Shawn Haff is the best West Michigan attorney for identifying the “cracks” in the prosecution’s case.
1. Self-Defense and Defense of Others
Domestic altercations are often chaotic. If the other person was the initial aggressor and you were forced to restrain them to protect yourself or a child, your actions may be legally justified. Michigan’s Self-Defense Act allows you to use proportional force to prevent an imminent assault.
2. Lack of Intent
The statute requires intentional impediment of breathing. If a struggle occurred and your hand accidentally brushed the neck area without the intent to strangle, the specific elements of MCL 750.84 have not been met.
3. False Accusations and Fabricated Claims
Strangulation is unfortunately one of the most common “false” allegations in high-conflict divorces or custody battles. Because it is a crime that can leave no visible marks, an accuser may lie to the police to gain leverage in a separate legal matter. We operate with a professional sense of urgency to uncover the truth and clear your name.
4. The “No Injury” Defense
While the law doesn’t require an injury, the lack of one is a powerful tool for the defense. If a complainant claims they were strangled for a long period but shows no redness, no raspiness in their voice, and no difficulty swallowing, we use that lack of physical evidence to create reasonable doubt in the minds of the jury.
The “No-Contact” Order: Getting You Back Home
In almost every Grand Rapids assault case, the judge will issue a “No-Contact” order at your arraignment. This often means you are kicked out of your own house and cannot speak to your spouse or partner, even if they want the charges dropped.
Shawn Haff knows how to move the court to modify these orders. We understand that your family and your life are on the line, and we work diligently to get you back home as quickly as the law allows.
Why Hire Shawn James Haff?
There are many lawyers, but there is only one Criminal Defense Attorney Shawn Haff. Shawn Haff is a trial-ready powerhouse who treats every client with the respect and urgency they deserve.
- Local Expertise: We are in front of the Kent County judges and prosecutors every single week. We know their tendencies and how they view these specific charges.
- Aggressive Advocacy: We don’t just “process” cases; we fight them. We are prepared to go to trial to protect your freedom.
- 24/7 Availability: Legal emergencies don’t happen on a 9-to-5 schedule. We are available when you need us most.
Call the Best Grand Rapids Assault Lawyer Right Away
Your reputation, your job, and your freedom are under attack. Do not talk to the police—anything you say will be used to build a case against you. Instead, hire the premier defense attorney in West Michigan.
Call Shawn James Haff at (616) 438-6719 immediately. Your free case strategy session is the first step in taking back your life.
Frequently Asked Questions About Strangulation Charges
Can the victim drop the charges? In Michigan, the “victim” does not bring the charges; the State of Michigan (the Prosecutor) does. Even if the accuser tells the prosecutor they want to “drop the case,” the prosecutor can—and often will—proceed anyway. You need an attorney like Shawn Haff who knows how to handle “uncooperative witnesses” and push for a dismissal.
What is the difference between Domestic Violence and Strangulation? Domestic Violence is typically a 93-day misdemeanor. Assault by Strangulation is a 10-year felony. Prosecutors will often over-charge a case as strangulation to force a defendant into a plea deal. We fight to ensure you aren’t bullied into a felony conviction for a misdemeanor-level incident.
Will I go to jail for a first offense? While jail is not mandatory, Kent County judges take violent felonies very seriously. Without a sophisticated defense, the risk of incarceration is high. Shawn Haff works to minimize your exposure and keep you out of a jail cell.