• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Attempted strangulation in CA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nika2012

Junior Member
My mother's boyfriend strangled me yesterday. He was very angry. I was sitting in the back of the car, and he opened the door and strangled me. I did not fight back because my arms were blocked by his. All I could do was scream. He told me to go die and called me lots of bad words. My mother is a witness. It left marks on my neck, which I have pictures of. I have broken capillaries on the front of my neck and red marks on the back of my neck. Yesterday my face was swollen, I had a bad headache for the rest of the day, and I was very sore. My neck hurt a lot. It was very emotionally distressing, and I was crying. I already reported it to the police but decided not to prosecute him. They said I could change my mind if I wanted to. I am thinking about changing my mind to prosecute him, but I do not know exactly what I should do. What should I do? What are the consequences for this sort of crime? Should I take it to criminal or civil court?

The physical damage was hard to deal with, but the worst part is the psychological damage. I had just said that it felt like they didn't care about me, and that it would be better if I were dead so that no one would have to wait for me anymore, and then right afterwards, he strangled me, telling me he wished I were dead. My worst fears were confirmed. I have struggled with a horrible fear of being murdered, and I felt like a burden on him, and he confirmed my worst fears by strangling me and making it clear that it would be better if I were dead. He attacked me at my most vulnerable point, and that is the most psychologically damaging thing he could have done. I thought that no one would care if I died, and apparently, some people actively want me to be dead. I was slightly depressed before this incident happened, but afterwards, I struggled very severely with suicidal thoughts. For reference, I am an 18 year old female, 5'5.5", 110 pounds. He is around 70 years old, 6'2", 170 pounds, much stronger than me.
 


Zigner

Senior Member, Non-Attorney
I would suggest that you follow through with pressing charges (through the police.) I would also suggest that you head to the courthouse tomorrow to take out a restrainging order. This will be free based on the relationship between the two of you.
 

CdwJava

Senior Member
I already reported it to the police but decided not to prosecute him. They said I could change my mind if I wanted to.
They should never have given you the option, in my opinion. If significant enough to be a felony, they should have written it up and submitted it to the DA anyway.

I am thinking about changing my mind to prosecute him, but I do not know exactly what I should do. What should I do? What are the consequences for this sort of crime? Should I take it to criminal or civil court?
If you want to pursue it (and you should) you contact the police and ask that it be submitted to the DA and request charges against your attacker.

The consequences could be state prison. But, what the consequences will be would depend on the specific offenses charged, any prior record on his part, and whether he can arrange a sweetheart plea deal or not.

And this would be criminal court. If you have injuries and seek monetary compensation you can consult an attorney about suing him.

PLEASE say you are not living in the same house with this guy! If so, then get out! If you are living under the same roof and have taken no actions to protect yourself such as obtaining a restraining order, then you may undercut your attempts to have him prosecuted.

It seems clear that no matter what you do with regards to prosecution, you need to find another place to live.
 

Zigner

Senior Member, Non-Attorney
If a restraining order is issued, it's the guy who would need to find a new place to live...
 

nika2012

Junior Member
If significant enough to be a felony
What do you mean by this? Is it a misdemeanor or felony?

The consequences could be state prison. But, what the consequences will be would depend on the specific offenses charged, any prior record on his part, and whether he can arrange a sweetheart plea deal or not.
How long would the prison sentence be? Would he be able to get out on bail? What is a sweetheart plea deal? Pleading guilty?

And this would be criminal court. If you have injuries and seek monetary compensation you can consult an attorney about suing him.
I suppose my physical injuries are not that bad, but I have emotional distress. How much money can I be compensated for that?

I am not living in the same house with him anymore. I was staying over at his house for spring break, but after this happened, I packed my things and left. I don't think a restraining order is required because I live 30 miles away from him, and he is not trying to reach me.
 

CdwJava

Senior Member
What do you mean by this? Is it a misdemeanor or felony?
It depends on what you told the police. It is likely a felony, but it might not be.

Did your doctor or the police identify the presence of petechiae? Did you suffer from a loss of air flow (i.e. did he shut down your airway)? Do you have, or did you have unctrolled gagging or coughing as a result of damage to the airway? Is there identified bruising inside your throat?

The act was probably a felony, but depending on what you told the officers it may not rise to that level - at least not when you spoke to them.

How long would the prison sentence be? Would he be able to get out on bail? What is a sweetheart plea deal? Pleading guilty?
There are too many variables to take into account. If charged and convicted of assault with force likely to cause great bodily injury or death, it could mean up to 4 years in state prison ... if he has prior convictions or additional charges he is convicted of, it could be longer. On the other hand, he might get county time and probation ... or just probation. There is no way for us to know for certain what might happen without a great many more facts.

I suppose my physical injuries are not that bad, but I have emotional distress. How much money can I be compensated for that?
That's between you and an attorney to decide. IF he has the means to pay any award.
 

nika2012

Junior Member
Here are pictures of my neck so that people can assess the severity: http://imgur.com/a/Bnet2

I had petechiae on the front of my neck, on my upper and lower eyelids, and I had bruises/red marks on the back of my neck. The pictures were taken two hours after the incident happened. I only had loss of air flow for a couple seconds. I did not have uncontrollable coughing or gagging afterwards.
 

CdwJava

Senior Member
The abrasions on the exterior of your back and throat do not appear consistent with strangulation sufficient to justify ADW (PC 245(a)(1). However, the presence of petechiae in your eyes would be ... on your eyelids, maybe not. It depends on what was seen, and whether the determination was made by a physician, the police, or by the barista at Starbucks. That might also depend on whether a doctor can testify that what he saw was consistent with strangulation or some other cause.

As I mentioned, it would likely be charged as a felony, but they might not be able to prove that. The redness might only be enough to sustain a misdemeanor battery (PC 242) allegation if not coupled with anything else. What could happen is a charged for 245(a)(1) and, possibly, a plea to 242. A lot depends on the details, credibility, strength of the evidence, etc.

If your mother denied it ever happened it might make things more difficult.
 

nika2012

Junior Member
OK, I went to the emergency room today to make sure that I was alright. I have been having a really bad headache. The doctor diagnosed me with a concussion and neck strain. Those things sound pretty serious, and I'm thinking they would add to my case. Does anyone think this is attempted voluntary manslaughter? Since he expressed that he wanted me to die.

My mother is on my side. She is a witness.
 

CdwJava

Senior Member
OK, I went to the emergency room today to make sure that I was alright. I have been having a really bad headache. The doctor diagnosed me with a concussion and neck strain. Those things sound pretty serious, and I'm thinking they would add to my case. Does anyone think this is attempted voluntary manslaughter? Since he expressed that he wanted me to die.

My mother is on my side. She is a witness.
It is very doubtful this would be charged as attempted homicide. It is far more likely he would be charged with the aforementioned PC 245(a)(4). [Sorry ... I erroneously mentioned it being (a)(1) previously - the subsections changed recently]

When you are attacked with force likely to cause great bodily injury (requiring medical attention) or death, then the charge is typically 245. To charge attempted homicide, they would have to show a lot more.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top