Have you neen charged with Choking, suffocation or strangulation in a domestic setting and are and looking for more information?
Being charged with Choking is a serious, the consequences for pleading guilty or going to trial and losing are sever. The charge has been written to capture acts of domestic violence, which by its nature often means there are no 3rd party or independent witnesses to the alleged incident, the strength of the charge will likely be dependent on the credit of the complainant and any medical evidence that supports the complainant’s version.
Case law is still developing, when first introduced, a custodial sentence (with actual time) was all but certain, then the meaning of “choking” was limited but subsequently widened by the court’s interpretation of the legislation. There has also been recent authority to suggest a term of imprisonment is not the only sentence open to sentencing judge.
Murray Torcetti Lawyers prepare a Defence Assessment for all our clients. If you have been charged with Choking, suffocation or strangulation in a domestic setting, a Defence Assessment will take some of the uncertainty out of the situation and help you plan the best approach moving forward. More information about the Defence Assessment can be found here.
What does the Prosecution need to prove beyond resonable doubt?
Charges can be broken down it the ‘elements’ of the offence where the lawyers then examine the evidence the police may hold and your instructions to test the strength of the charge. The “elements” are the puzzle pieces of a charge. If all elements can be proven beyond reasonable doubt and no defences are raised successfully at a trial, you could be found guilty of the charge. Below are the elements of the charge.
Some of the things your lawyer will be aware of
What are some of the Defences to Choking, suffocation or strangulation in a domestic setting
Can the charge be 'Case Conferenced'?
For criminal charges in Queensland, your defence lawyer will review your charges, the possible evidence and your instructions to start negotiating the charges. The aim of case conferencing for defence lawyers is to place you in the most favorable position by resisting charges and facts that are not supported by evidence, law or contrary to your instructions.
What you can do to mitigate penalty if you are pleading guilty to Choking, suffocation, or strangulation in a domestic setting?
T.M - 2021
I must say, when simply Listening is the hardest thing people find to do properly on this planet, Miles is fantastic. His ability to listen come from a fantastic Attitude overall. I was very very happy with all that this firm did for me. I have absolutely no hesitation to recommend these guys to any of my friends or colleagues. Thank you.
B.N - 2021
Mr James Torcetti, Legal Practice Director, had total control of my case and represented me each time we went to court. I didn't have to appear in court except for the first time and the main time, being the final outcome. James gave me confidence and my self respect back, with his high standard of ethics. James made me feel comfortable and went out of his way to do his best to keep on top of things referring to my case, for the best outcome. I was overjoyed with the outcome of my case as I was convinced I would be walking out the back door instead of the front door and James was very truthful with me and never sugarcoated my situation. James also gave me the opportunity to make weekly payments to pay off his account.
I highly recommend Mr James Torcetti, and would definitely use his services again, however I hope I don't have to.
M.C - 2021
Murray Torcetti Lawyers were engaged to assist with providing legal advice for a criminal case and to get the best possible outcome without prejudice or judgment. It has been a long hard haul for the family and we have had a successful outcome. This didn’t come easy for both parties, there were some challenges but all the way through we were kept informed of progress and potential outcomes and potential strategies to ensure the best result. They have been a brilliant to deal with (even when there was bad news), they have remained compassionate, professional and responsive at all times and for this my family is very grateful. Well done and thank you.
Choking, Suffocation, or Strangulation in a Domestic Setting Element Sheet
Download the Evade Police "element sheet' the Murray Torcetti Lawyers use when reviewing the charge.
Because lawyers love a good disclaimer – here is ours – It boils down to: If you need legal advice see a lawyer. Dr Google isn’t going to prescribe you meds if you are sick, Google LLB isn’t going to give you advice or information specific to your situation. While care and attention to the above has been taken, it is never going to be accurate enough for your situation to be relied upon for legal advice and should be taken as general information only. If you need legal assistance. See a lawyer. We are lawyers, you can absolutely call us on 07 5414 4209. Criminal law is what we do.