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Assault by strangulation is a 10-year felony in Michigan. Prosecutors pursue it aggressively. They also often build it on thin evidence. In many strangulation cases, no visible injuries exist, no independent witnesses step forward, and no physical evidence supports the accusation beyond the alleged victim’s account. The case often turns on testimony alone.
Many people charged with strangulation do not believe they strangled anyone. The allegation often starts with a brief physical interaction during an argument and later grows into something far more serious than the defendant believed happened. Attorney Ben Hall is a former Ingham County prosecutor who has charged and evaluated these cases from the other side. He knows how prosecutors build them and where they are most vulnerable.
Call 877-BEN-HALL today for a confidential consultation.
Assault by strangulation is a felony under MCL 750.84(2). The prosecution must prove two elements:
The state must prove both elements beyond a reasonable doubt. The statute requires intentional conduct. If the contact was accidental, reflexive, or not directed at the airway, the intent element fails and the charge should not stand.
Assault by strangulation sits in the same statute as assault with intent to do great bodily harm in Michigan. For the broader framework of assault charges, see Michigan assault defense.
This includes conduct people often describe as choking, throttling, or putting manual pressure on the neck in a way that impedes breathing or blood flow. The pressure must be intentional, and it must actually impede normal breathing or circulation. A threat to do so is not enough by itself.
This includes physically obstructing the airway by covering the mouth, pinching the nose shut, or otherwise preventing normal breathing.
The statute does not require prolonged pressure or sustained obstruction. Brief conduct can support a charge if the prosecution can prove that it intentionally impeded breathing or circulation.
The law does not require bruising, petechiae, ligature marks, or any other visible injury. Those signs are often absent, and prosecutors still move forward.
The defendant must have intentionally applied pressure to the throat or neck or intentionally blocked the nose or mouth. Accidental contact, incidental contact, or contact not aimed at the airway does not satisfy the statute.
| Scenario | Max Prison | Max Fine | Notes |
|---|---|---|---|
| Standard assault by strangulation | 10 years | $5,000 | Base offense under MCL 750.84(2) |
| Domestic context | 10 years | $5,000 | Same penalty, but the relationship can change bond conditions, collateral consequences, and related proceedings |
| With habitual offender enhancement | 10 years + enhancement | Varies | Prior felony convictions may trigger habitual offender statutes |
These are maximum penalties. The actual sentence depends on criminal history, the specific facts, the county, the Michigan sentencing guidelines, and the strength of the defense.
Michigan scores assault by strangulation under the felony sentencing guidelines. A first-offense case with no physical injury and a limited record may fall far below the 10-year maximum. An experienced defense attorney knows how to score the offense variables accurately, challenge inflated scoring, and argue for the strongest result at sentencing.
Most strangulation charges arise in a domestic setting. When the alleged victim is in a qualifying domestic relationship, the charge often brings the same immediate consequences as a domestic assault arrest: a no-contact order at arraignment, possible removal from the home, firearm surrender, and prosecution that moves forward whether the alleged victim cooperates or not. Learn more about domestic violence defense in Michigan.
Prosecutors treat strangulation as a lethality indicator. Domestic violence investigators and prosecutors often view it as one of the strongest warning signs of future lethal violence in intimate partner cases. Because of that, a prosecutor who might negotiate a simple assault case may instead push hard for conviction in a strangulation case.
Many prosecutor’s offices now assign these allegations to attorneys trained specifically on strangulation evidence, evidence-based prosecution, and cases that proceed without victim cooperation.
The charge also creates powerful plea leverage. A 10-year felony puts enormous pressure on defendants to accept plea offers, even when the evidence is weak. Effective defense starts with a hard look at the actual evidence rather than the fear the label creates.
Many strangulation allegations leave no visible external injuries. A prosecutor can still pursue a 10-year felony without physical corroboration. That does not defeat the charge automatically, but it does expose a major weakness in the case.
Petechiae, the tiny red spots prosecutors often point to in strangulation cases, can come from many other causes, including coughing, vomiting, crying, or other forms of physical exertion. We review that evidence closely in every case.
In many strangulation prosecutions, the case rises or falls on one witness’s credibility. Inconsistencies, prior false allegations, motive to fabricate, and the timing of the accusation all matter. We investigate each of those issues from day one.
The 911 recording often becomes the strongest piece of evidence in the file. Courts may admit statements from that call as excited utterances even if the alleged victim later recants. We review every 911 call carefully and examine the context around it.
Body camera video captures the alleged victim’s demeanor, any visible injuries or lack of injuries, and statements made at the scene. That footage can help the defense just as much as it can help the prosecution, so we analyze it in detail.
In domestic cases, Michigan law may allow prosecutors to introduce prior acts of domestic violence as substantive evidence. A strong defense anticipates that move and answers it early.
Prosecutors handling strangulation cases train to move forward without victim cooperation. We build the defense with that reality in mind and attack the evidence itself instead of assuming the case will disappear if the alleged victim stops helping the state.
When injuries are absent or minimal, we challenge the prosecution’s ability to support the allegation with objective evidence. The absence of bruising, the absence of documented internal injury, and the absence of petechiae, or alternate explanations for them, all create defense openings.
The statute requires intentional conduct. If the contact with the throat, neck, nose, or mouth happened accidentally, reflexively, or during a mutual struggle without a deliberate effort to impede breathing or circulation, the intent element fails.
Michigan’s Self-Defense Act applies fully to strangulation charges. A strong self-defense case may focus on the defendant’s reasonable belief of imminent harm, prior threatening conduct by the alleged victim, and whether the force used was proportionate. For more on that doctrine, see self-defense law in Michigan.
False strangulation allegations do happen, especially during relationship breakdowns, custody disputes, or situations where one person wants the other removed from the home or put at a disadvantage in family court. We investigate the full background of every allegation.
When a full acquittal is not the strongest path, charge reduction from a 10-year felony to a lesser assault offense may be realistic. We use weaknesses in the physical evidence, the intent proof, and the witness credibility issues as leverage in pretrial negotiations.
Permanent felony record. A strangulation conviction creates a felony record that follows the defendant indefinitely.
Firearm rights. A felony conviction eliminates firearm rights under Michigan law and federal law. Because strangulation cases often arise in a domestic setting, related federal firearm concerns may also come into play.
No-contact order and family separation. Courts almost always impose a no-contact order at arraignment. If you live with the alleged victim, the court may force you out of the home immediately.
Child custody and family court. Family courts take strangulation allegations extremely seriously. Even a pending charge can affect best-interest determinations involving children.
Immigration. For non-citizens, a felony assault conviction can trigger removal proceedings and other serious immigration consequences.
Assault by strangulation is a felony under MCL 750.84(2). It carries up to 10 years in prison and a $5,000 fine. The prosecution must prove that the defendant intentionally impeded another person’s normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth. The charge does not require visible injury or loss of consciousness.
No. Michigan’s strangulation statute does not require visible injuries. The prosecution may pursue the charge without physical corroboration. Still, the absence of visible injury can significantly weaken the state’s case and often becomes one of the most important defense issues.
No. Any intentional impediment to normal breathing or circulation, even if brief, may satisfy the statute if the prosecution can prove it happened.
No. The statute does not limit strangulation charges to domestic relationships. In practice, though, most strangulation cases in Michigan arise in a domestic setting. See domestic violence defense in Michigan.
Both offenses sit under MCL 750.84 and carry the same 10-year maximum. The difference is what the state must prove. Assault with intent to do great bodily harm requires specific intent to cause great bodily harm less than murder. Strangulation requires proof that the defendant intentionally impeded breathing or circulation. Learn more about assault with intent to do great bodily harm in Michigan.
No. Once the prosecutor files charges, the prosecutor decides whether the case moves forward. Strangulation prosecutors train specifically to pursue evidence-based cases without victim cooperation.
Yes. Michigan self-defense law applies fully to strangulation charges. Once the defense properly raises self-defense, the prosecution must disprove it beyond a reasonable doubt. Read more about self-defense in Michigan.
Assault by strangulation is an assaultive felony and faces significant limits under Michigan’s Clean Slate Act. We evaluate expungement eligibility case by case.
An assault by strangulation charge is a 10-year felony. Prosecutors pursue it aggressively, often with very little physical evidence, and it almost always arrives with immediate consequences for your home, your children, and your firearms.
At Ben Hall Law, you are not just a client. You are the client. Every strangulation case gets focused, personal attention from an attorney who has charged these cases as a prosecutor and knows how they are built and how to take them apart.
Call 877-BEN-HALL or contact us online to schedule a confidential consultation. Your fight is our fight. Let’s start today.
Ben Hall Law represents clients facing assault by strangulation charges throughout Michigan. Attorney Ben Hall is a former Ingham County prosecutor, former Michigan law enforcement officer, and Marine Corps veteran. Bar No. P84975. Reviewed and updated 2026.
