How to Beat Strangulation Charges in Arizona [2025]

Being charged with strangulation in Arizona is frightening and life changing. The allegation alone can trigger an immediate arrest, protective orders, restrictions on contact with loved ones, and a criminal case that affects your liberty, your job, and your future. Because allegations of strangulation are treated with great seriousness by prosecutors and law enforcement, your response in the hours and days after an arrest can determine whether the case resolves in your favor or becomes a lifelong burden. This guide explains how Arizona law treats strangulation-related conduct, the practical steps you should take immediately, the most effective defense strategies, and why hiring an experienced Arizona strangulation lawyer early is essential.

What is Strangulation Under Arizona Law?

Arizona prosecutes strangulation under its assault laws rather than as a separate crime.  Strangulation is a Class 4 Felony tied to Aggravated Assault.

A.R.S. § 13-1203 defines assault as:

…intentionally, knowingly, or recklessly causing injury, placing someone in fear of injury, or touching them with intent to injure, insult, or provoke.

Strangulation is most often charged as aggravated assault under A.R.S. § 13-1204, which applies when a person

“intentionally or knowingly impedes the normal breathing or circulation of blood by applying pressure to the throat or neck or by obstructing the nose and mouth.”

This is treated as a felony offense and can carry severe prison time, especially when tied to domestic violence allegations. An experienced Arizona strangulation lawyer can use the exact statutory language to challenge the prosecution’s claims and fight for your defense.

Domestic Violence Cases Involving Strangulation

When strangulation occurs in a domestic setting, Arizona law treats it with heightened seriousness. A charge of aggravated assault under A.R.S. § 13-1204 can be designated as domestic violence if the alleged victim is a spouse, partner, family member, or household member. This designation not only increases the penalties but also brings mandatory domestic violence programs, firearm restrictions, and potential impacts on child custody and visitation. Even without visible injuries, prosecutors often move forward based on statements alone. Because the consequences extend far beyond the criminal courtroom, working with an experienced arizona strangulation lawyer is essential to protect your rights, your record, and your family.

The Critical First Steps After an Arrest

When you are arrested or accused of strangulation in Arizona, the first things you do will set the tone for the rest of your case. These are the five steps you should focus on immediately:

1) Stay Silent After Arrest

Remaining silent is often the single most effective thing a person can do immediately after arrest. Law enforcement officers are trained to obtain statements, and casual remarks can be taken out of context. By invoking your right to remain silent and waiting for legal counsel you avoid creating admissions or inconsistencies the prosecutor can exploit. An Arizona strangulation lawyer can speak on your behalf and ensure that any communication with police is strategically managed.

• Do not answer questions without counsel

• Respectfully request an attorney immediately

• Do not discuss case details with friends or on social media

2) Avoid Contact with the Alleged Victim

Attempting to contact the alleged victim, even to explain or apologize, can make your situation far worse. Arizona courts often issue protective or no-contact orders, and violating them can lead to new charges or bond revocation. Staying away demonstrates compliance and keeps you from unintentionally harming your defense.

• Do not call, text, or message the alleged victim

• Respect protective orders, even if you feel they are unfair

• Let your lawyer handle any necessary communication

3) Preserve All Possible Evidence

Evidence disappears quickly, so act fast to protect it. Save digital records, photos, videos, and witness information that may support your version of events. Do not delete or alter anything on your devices, even if you think it looks bad—your lawyer can determine what helps your case. An arizona strangulation lawyer will know how to authenticate and use this evidence effectively.

• Save text messages, call logs, and emails

• Take photos of injuries or the scene as soon as possible

• Write down names and contact details of witnesses

4) Document Your Side of the Story

Memories fade quickly, especially after a stressful event like an arrest. Write down exactly what happened in your own words while it is still fresh in your mind. Keep this private and share it only with your attorney. This record will help ensure your defense remains consistent and accurate throughout the process.

• Write down your version of events immediately

• Include times, locations, and people present

• Keep your notes private and secure

5) Hire an Arizona Strangulation Lawyer Quickly

Do not wait to get legal help. A qualified arizona strangulation lawyer can step in right away to protect your rights, review evidence, and develop a strategy tailored to your case. The earlier a lawyer is involved, the stronger your defense will be.

• Retain counsel as soon as possible

• Ask about immediate investigative steps

• Let your lawyer handle all communications with the court and prosecution

Common Defenses to Strangulation Charges

Every strangulation case in Arizona is unique, but several defenses are frequently used to challenge the prosecution’s version of events. An experienced Arizona strangulation lawyer will evaluate which apply to your situation and build the strongest argument possible.

Lack of Intent

One of the strongest defenses is that you did not intend to restrict the alleged victim’s breathing or blood flow. Under Arizona law, the prosecution must prove that the act was intentional or knowing. If the contact with the neck was incidental – for example, during a heated argument, physical struggle, or even accidental movement then the mental state required for a conviction may be missing. Demonstrating that any contact was brief, unplanned, or not forceful enough to impede breathing can significantly weaken the state’s case.

Self-Defense or Defense of Others

Arizona law allows you to protect yourself or someone else if you reasonably believe you are in imminent danger. Many strangulation cases arise out of chaotic domestic disputes where both parties are physical. If you were attacked first, or if you acted to prevent harm to yourself or another person, you may be able to claim self-defense. The key is showing that your actions were proportional to the threat and that you stopped using force once the danger ended. An experienced Arizona strangulation lawyer can present this evidence effectively to a judge or jury.

False Allegations

Strangulation charges are sometimes based entirely on the word of the alleged victim. In emotionally charged situations, such as breakups, custody disputes, or ongoing domestic conflicts—accusations can be exaggerated or fabricated to gain an advantage. If the accuser has a motive to lie, or if their story has shifted over time, that can raise reasonable doubt. Defense attorneys will review prior statements, text messages, and social media posts to highlight contradictions and show the court that the allegations cannot be trusted.

Insufficient Evidence

Prosecutors often rely on medical findings or witness statements to support their case, but both can fall short. Some cases involve no visible injuries, delayed reporting, or conflicting accounts. Without clear physical evidence of restricted breathing or circulation, the state’s case may rest on assumptions rather than proof. An Arizona strangulation lawyer can consult medical experts who may explain that symptoms are inconsistent with strangulation or are caused by other conditions, such as anxiety or preexisting medical issues. This defense focuses on reminding the court that the burden of proof lies entirely with the prosecution.

Consent or Mutual Contact

While less common, there are situations where contact with the neck occurred with consent. In certain contexts, such as playful wrestling, intimacy, or consensual activity, touching the throat or restricting breathing was not intended to cause harm. While prosecutors may resist this defense, it can be powerful if supported by context, messages, or witness testimony. Establishing that the interaction was voluntary and not criminal can shift the entire framing of the case. A knowledgeable Arizona strangulation lawyer will know how to present this type of defense carefully and strategically.

Final Thoughts and How to Get Help

Facing a strangulation allegation in Arizona is stressful, but the right steps taken early can significantly improve your chances of a good outcome. Protect your rights by remaining silent until you have legal counsel, preserving evidence, and contacting an experienced Arizona strangulation lawyer as soon as possible. A skilled lawyer will promptly investigate, coordinate medical and forensic experts, and pursue the strategy most likely to minimize criminal exposure and collateral harm.

If you or someone you care about is accused of strangulation, contact Tamou Law Group today for a confidential consultation. We will review the police report, any medical records, and any available evidence to provide a practical assessment of your case and immediate next steps.

Related Reads:

1. Is Domestic Violence a Felony in Arizona?
2. Arizona DV Laws – ARS 13-3601
3. How to Get Domestic Violence Charges Dismissed in Arizona
4. How Many Years for a DV Conviction in Arizona?
5. How to Beat a Domestic Violence Charge in Arizona
6. What Can a Domestic Violence Charge be Reduced to in Arizona