Do I have to leave a mark or bruise for a strangulation charge to stick in PA?

No. Section 2718 expressly states that the absence of visible injury is not a defense to the charge. The Commonwealth only has to prove that pressure was applied to the throat or neck, or that the nose and mouth were blocked, with intent to impede breathing or circulation. That means many strangulation cases turn almost entirely on the complainant's account rather than physical evidence.

How does a PFA affect a pending strangulation case in Pennsylvania?

A Protection From Abuse petition and a criminal strangulation charge proceed on separate tracks but often influence each other. Being subject to an active PFA at the time of the alleged conduct is itself an enhancement that raises § 2718 from a misdemeanor to a felony of the second degree. Statements made in the PFA hearing can also be used in the criminal case, so both matters typically need to be handled together.

Can a strangulation charge in PA cost someone their gun rights before conviction?

An active Protection From Abuse order alone can already restrict firearm possession under state and federal law, separate from any criminal conviction. A qualifying conviction under § 2718 involving a family or household member adds an independent § 6105 firearms bar. Whether a specific pretrial situation already triggers a restriction depends on whether a PFA has been entered and its exact terms.

Is strangulation always a felony in Pennsylvania?

No. The base offense under § 2718 is a misdemeanor of the second degree. It only becomes a felony of the second degree where the victim is a family or household member, a person in a caretaker relationship, or where an active protection order applied, and a felony of the first degree only with a prior strangulation conviction or use of an instrument of crime.

What's the difference between strangulation and aggravated assault charges in PA?

Aggravated assault under § 2702 generally requires proof of serious bodily injury, attempted serious bodily injury, or bodily injury with a deadly weapon. Strangulation under § 2718 was created as a separate offense specifically because it can be proven without any resulting injury at all, based solely on the act of impeding breathing or circulation. The two are frequently charged together from the same incident.

Assault & Violent Crimes · Strangulation

Strangulation is its own statute in Pennsylvania — and it grades harder than most people expect.

Section 2718 was carved out of the general assault statutes specifically because strangulation cases were being under-charged or lost in generic assault counts. Now it stands alone, and it doesn't require any visible injury, bruising, or lasting harm to convict — only that pressure was applied to impede breathing or blood flow. That makes the charge unusually dependent on one witness's account of what happened, which is exactly where a defense has room to work.

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How Pennsylvania grades it

Strangulation Charge Defense in Pennsylvania.

Strangulation under § 2718 is committed by knowingly or intentionally impeding the breathing or circulation of another person by applying pressure to the throat or neck, or by blocking the nose and mouth. The base grade is a misdemeanor of the second degree. It becomes a felony of the second degree where the victim is a family or household member, where the actor stands in a caretaker relationship to the victim, or where the actor was subject to an active protection order at the time. It rises to a felony of the first degree where the actor has a prior strangulation conviction or used an instrument of crime during the offense. The statute expressly states that the absence of visible injury is not a defense — the Commonwealth only needs to prove that pressure was applied with the requisite intent to impede breathing or circulation, not that any lasting harm resulted. Strangulation is frequently charged alongside simple assault under § 2701, aggravated assault under § 2702, or terroristic threats under § 2706 arising from the same incident, and it is treated as an especially aggravating factor in any accompanying PFA proceeding.

Statute: 18 Pa.C.S. § 2718[1][2]

Defenses & record relief

Strangulation allegations involving a family or household member rarely qualify for ARD given the domestic-violence policies most Central PA district attorneys apply, but self-defense, a contested relationship enhancement, or a genuinely disputed account can still lead to a dismissal, an acquittal, or a negotiated reduction to a lower-graded assault count, with expungement or sealing under §§ 9122 and 9122.1 available depending on the outcome.

self-defense vs. assault charges · ARD program lawyer · preliminary hearing lawyer

Strangulation Charge Defense: offense grading and maximum exposure under 18 Pa.C.S. § 2718
Offense & grading	Maximum exposure
Base strangulation — § 2718(a) Misdemeanor of the second degree where no aggravating relationship or record applies.	Up to 2 years, $5,000 fine
Family/household member or caretaker relationship — § 2718(b)(1) Felony of the second degree; covers spouses, intimate partners, relatives, and current or former household members.	Up to 10 years, $25,000 fine
Active protection order in effect — § 2718(b)(1) Felony of the second degree where the actor was subject to a PFA or similar order at the time of the offense.	Up to 10 years, $25,000 fine
Prior strangulation conviction — § 2718(b)(2) Felony of the first degree; any prior § 2718 conviction escalates a new charge regardless of the victim relationship.	Up to 20 years, $25,000 fine
Instrument of crime used — § 2718(b)(2) Felony of the first degree where a ligature, weapon, or other instrument of crime was used to apply pressure.	Up to 20 years, $25,000 fine
Companion aggravated assault or terroristic threats counts Strangulation is routinely charged alongside § 2701, § 2702, or § 2706 arising from the same incident.	Consecutive exposure possible

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, the deadly-weapon enhancement, and county practice.

Jurisdiction & court process

Where a strangulation case is heard.

Preliminary arraignment and hearing at the magisterial district court

A strangulation arrest, whether from a warrant or an on-scene arrest under § 2711's domestic violence arrest authority, begins with a preliminary arraignment where bail is set. Because felony-graded strangulation charges are treated seriously, bail conditions frequently include no-contact provisions and, where a family or household member is involved, coordination with any pending PFA petition. The preliminary hearing tests whether the Commonwealth can establish a prima facie case that pressure was applied to impede breathing or circulation — often based entirely on the complainant's account.

Court of Common Pleas — Dauphin, Cumberland, York, and Adams counties

Felony-graded strangulation cases proceed to formal arraignment, pretrial conferences, and potential trial in the county Court of Common Pleas. Each of these counties has its own domestic-violence unit or dedicated prosecutor track for cases involving a family or household member, and case management often runs on a faster docket than a comparable non-domestic assault charge because of the protective-order overlap.

County practice and PFA interplay

A strangulation arrest frequently accompanies, or triggers, a Protection From Abuse petition filed in the same county. The criminal case and the civil PFA case proceed on separate but related tracks — statements or admissions made in a PFA hearing can affect the criminal case, and a criminal conviction under § 2718 typically supports extending or making permanent a PFA order. Coordinating both matters from the outset avoids inconsistent positions across the two proceedings.

Collateral consequences beyond sentencing

A qualifying strangulation conviction, particularly one graded as a felony against a family or household member, can trigger a federal and state firearms disqualification under § 6105 independent of any active PFA. Professional license holders — healthcare, education, and other regulated fields — face separate reporting obligations to their licensing boards on a felony conviction, and immigration consequences can attach to a strangulation conviction regardless of grade because it is treated as a crime involving domestic violence.

How we defend strangulation cases.

Contest the impeding-breathing element
The statute requires actual impeding of breathing or blood circulation, not just contact with the neck area. Where the account describes grabbing, pushing, or holding without any actual restriction of airflow, the elements of § 2718 specifically are not met even if a lesser assault occurred.
Challenge the single-witness account
Strangulation cases frequently rest entirely on the complainant's description, with no independent injury, medical record, or witness corroboration. Inconsistencies between the initial 911 call, the police report, and later statements are often the most productive area of cross-examination.
Raise self-defense or defense of others under §§ 505–506
Where the physical contact occurred while the defendant was responding to an attack or protecting another person, Pennsylvania's justification statutes, including the no-duty-to-retreat provision in § 505(b)(2.1), can defeat the charge entirely rather than just mitigate it.
Dispute the relationship enhancement
Whether someone qualifies as a family or household member or stands in a caretaker relationship under § 2718(b)(1) is a factual and sometimes legal question. A contested or ambiguous relationship can mean the difference between a misdemeanor and a second-degree felony.
Scrutinize any medical or photographic evidence
Redness, petechiae, or voice changes are sometimes offered as corroboration, but they require a qualified explanation of cause and timing. Generic or delayed photographs are frequently less conclusive than the Commonwealth presents them to be.
Address companion charges independently
Because strangulation is often filed with simple assault, aggravated assault, or terroristic threats from the same incident, each count needs its own evidentiary challenge — a weakness in one charge does not automatically resolve the others.

Where we appear

Violent-crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other violent-crime charges we defend.

FAQ

Frequently asked questions.

Common questions about strangulation charges in Pennsylvania — grading, penalties, defenses, and record consequences.

No. Section 2718 expressly states that the absence of visible injury is not a defense to the charge. The Commonwealth only has to prove that pressure was applied to the throat or neck, or that the nose and mouth were blocked, with intent to impede breathing or circulation. That means many strangulation cases turn almost entirely on the complainant's account rather than physical evidence.
A Protection From Abuse petition and a criminal strangulation charge proceed on separate tracks but often influence each other. Being subject to an active PFA at the time of the alleged conduct is itself an enhancement that raises § 2718 from a misdemeanor to a felony of the second degree. Statements made in the PFA hearing can also be used in the criminal case, so both matters typically need to be handled together.
An active Protection From Abuse order alone can already restrict firearm possession under state and federal law, separate from any criminal conviction. A qualifying conviction under § 2718 involving a family or household member adds an independent § 6105 firearms bar. Whether a specific pretrial situation already triggers a restriction depends on whether a PFA has been entered and its exact terms.
No. The base offense under § 2718 is a misdemeanor of the second degree. It only becomes a felony of the second degree where the victim is a family or household member, a person in a caretaker relationship, or where an active protection order applied, and a felony of the first degree only with a prior strangulation conviction or use of an instrument of crime.
Aggravated assault under § 2702 generally requires proof of serious bodily injury, attempted serious bodily injury, or bodily injury with a deadly weapon. Strangulation under § 2718 was created as a separate offense specifically because it can be proven without any resulting injury at all, based solely on the act of impeding breathing or circulation. The two are frequently charged together from the same incident.

[1]18 Pa.C.S. § 2718 — Strangulation — M2 generally; F2 against a family or household member or where a protective order applies; F1 with a prior strangulation conviction or where the actor used an instrument of crime.
[2]18 Pa.C.S. § 2701 — Simple assault — M2 generally; M3 for a mutual fight; M1 where the victim is under 12 and the actor is 18 or older.
[3]18 Pa.C.S. § 2702 — Aggravated assault — F1 for serious bodily injury caused or attempted; F2 for bodily injury with a deadly weapon or against an enumerated victim.
[4]18 Pa.C.S. § 2706 — Terroristic threats — M1 generally; F3 where the threat causes the diversion or evacuation of a building, place of assembly, or facility of public transportation.
[5]18 Pa.C.S. § 2711 — Probable cause arrests in domestic violence cases — warrantless arrest authority for assault-type offenses between family or household members.
[6]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
[7]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[8]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.
[9]18 Pa.C.S. § 9122 — Expungement of criminal history record information.
[10]18 Pa.C.S. § 9122.1 — Limited access (sealing) of criminal records; Clean Slate framework.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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