ZANESVILLE − Muskingum County Prosecutor Ron Welch said an uptick in strangulation charges in the first half of 2024 is on account of a new Ohio law that went into effect April 3, 2023, and reclassified strangulation from a misdemeanor to a felony.
“Prior to that law, we charged (offenders) under some form of domestic violence or assault depending on severity,” he said.
From May to December 2023, the county prosecutor’s office had 14 strangulation charges. In the first six months of this year, the office has had 16.
“(The new law) allows for our office to seek a prison sentence where with misdemeanor you’re talking about jail time,” said Welch. “It’s a more severe charge.”
The newly enacted Ohio Revised Code 2903.18 law defines strangulation or suffocation as “any act that impedes the normal breathing or circulation of the blood by applying pressure to the throat or neck or by covering the nose and mouth.”
Under the new law, no person shall:
- Cause serious physical harm by means of strangulation or suffocation.
- Create a substantial risk of serious physical harm by means of strangulation or suffocation.
- Cause or create a substantial risk of physical harm by means of strangulation or suffocation.
Violations of the new law can be charged as a second-degree, fourth-degree, or fifth-degree felony, depending on severity.
“It is definitely a victory for victims of domestic violence,” said Welch.
He explained that instead of serving up to 180 days in jail on a misdemeanor domestic violence charge, his office can now put offenders in prison for years.
“The longer a domestic abuser is incarcerated, the longer that individual will not be able to inflict harm on his victims,” he said.
Welch also noted his office keeps an eye out for strangulation in lethality reviews of domestic violence cases.
“Strangulation is one of the red flags,” he said. “The most basic function to survive is to be able to breathe. When someone has taken steps to cut the air supply or the blood supply to another person’s brain they have crossed into an area where it can become fatal.”
He said strangulation is a preferred method of violence in many domestic violence cases his office sees.
“I think you see it happen because a lot of the offenders may not have a weapon readily available,” he said. “Also, if you’re an abuser, you realize punching someone leaves marks. With strangling, you can cut off blood or air and not leave a long-lasting mark or one that is readily apparent, depending on the hold.”
If you’re a victim of domestic violence you can call 911 for immediate assistance or the National Domestic Violence Hotline at 800-799-7233.
This article originally appeared on Zanesville Times Recorder: Prosecutor: Uptick in strangulation charges attributed to enhanced domestic violence laws
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