Wisconsin Strangulation Legislation

Laws

Case Law

• State v. McNeal, WI App 34, ¶ 1, 375 Wis. 2d 798, 899 N.W.2d 738 (2017)

  There was false imprisonment where the defendant pinned, strangled, and sexually assaulted the victim

• Bell v. Dep’t of Child. & Fams., WI App 47, 363 Wis. 2d 527, 867 N.W.2d 430 (2015)

  A child care provider lost her license for failure to report when her ex-husband moved into the house. The ex-husband was convicted for strangulation. Given the seriousness of the crime, there was a risk of endangerment to the health, safety, and welfare of children.

  In State v. Garrett, 354 Wis.2d 324 (2014, Wisconsin), the Defendant committed strangulation while out of bail and was sentenced two years of initial confinement and two years of extended supervision, consecutive to sentences issued on other counts. On appeal, the Defendant contended the court sentenced him on inaccurate information, namely “the unwarranted assumption he acted with an intent to kill the victim”.  The Appellate Court held that in determining the proper sentence, a court must consider the gravity of the offense, the character of the defendant and the need to protect the public. In discussing the gravity of the offense, the trial court considered the bail jumping charges which involved the strangulation of the victim. The trial court was aware the victim reported that the defendant had “choked her until she had popped blood vessels in both eyes” and she “had bruises on her shoulders, face and chest.” Judge Jason Rossell said: “In this Court’s eyes, strangulation is very aggravating. When you strangle someone, there is only one thing you have in your mind, that is to kill the person because the only thing strangulation can do is kill the person. You are choking off their breath. .. Essentially, it’s attempted homicide, because what the end goal  … is , you really are trying to end their life”. The Appellate court held those statements in light of the totality of the court’s statements at the sentencing hearing that the court was properly considering Defendant’s actions underlying this bail jumping charge based on the record before the court. Further, the court was entitled to draw reasonable inferences from the record.

• State v. Fogle, (2005) WI App 254, 288 Wis. 2d 460, 706 N.W.2d 702, Unpublished

  Strangulation for 1 minute amounted to false imprisonment. Dr. Kevin Fullin testified it was common for defendants to have injuries by the person trying to resist strangulation; It was not ineffective assistance of counsel to withdraw request for self defense instruction.

• State v. Jelinek (2004) 679 WN.W.2d 926, Unpublished

  Court found loss of consciousness from strangulation and pouring cleaning agent in her eyes satisfied the requirement of substantial risk of death.

• State v. Rymer,(1987) 138 Wis. 2d 528, 406 N.W.2d 171 , Unpublished

  OK to introduce prior evidence of strangulation in a strangulation case.

• State v. Johnson, (2017) WI App 50, ¶ 1, 377 Wis. 2d 336, 900 N.W.2d 872, Unpublished

  The court discussed why battery would not be a lesser included offense of strangulation.

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