Strangulation isn’t just a serious word—it’s a serious charge. In Indiana, a strangulation arrest can turn your life upside down in a matter of hours. What might feel like a heated moment, an argument that got out of hand, or an act you didn’t think twice about can quickly become a felony under Indiana law.
If you’re searching for help with “Indiana criminal defense” or trying to make sense of “strangulation charges,” you’re in the right place. Let’s break down what the law actually says, how these cases unfold, and—most importantly—what you can do to protect yourself.
What Indiana Law Says About Strangulation
Strangulation is defined under Indiana Code § 35-42-2-9, and the full text matters, because every word is there for a reason. Here’s the statute:
IC 35-42-2-9 – Strangulation
(a) This section does not apply to a medical procedure.
(b) As used in this section, “torso” means any part of the upper body from the collarbone to the hips.
(c) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat or neck of another person;
(2) obstructs the nose or mouth of another person; or
(3) applies pressure to the torso of another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Level 6 felony.
(d) However, the offense under subsection (c) is a Level 5 felony if:
(1) the offense is committed:
(A) against a pregnant woman; and
(B) the person knew the victim was pregnant at the time of the offense; or
(2) the person has a prior unrelated conviction under this section.
So what does that mean in plain English?
Strangulation Charges Aren’t Just About Choking
You don’t need to choke someone for 30 seconds or leave visible bruising for the State to charge you with strangulation. In fact, you don’t even need to wrap your hands around someone’s throat. All it takes is:
- Pressure to the neck or throat
- Obstruction of the nose or mouth
- Pressure to the chest or torso
And if any of these actions impact normal breathing or blood flow, you’re in felony territory. The law doesn’t care if it was a second-long gesture. It doesn’t care if no one passed out or went to the hospital. It cares about what the action was—and how it affected the other person.
And let’s not forget the intent language: rude, angry, or insolent. That’s legalese for “you didn’t have to be trying to kill someone—you just had to be acting like a jerk.”
What’s the Difference Between a Level 6 and Level 5 Felony?
In Indiana, the default charge for strangulation is a Level 6 felony. That comes with:
- Up to 2.5 years in prison
- Up to a $10,000 fine
- A felony on your permanent record
But it gets worse. If one of the following is true:
- The person you allegedly strangled was pregnant, and you knew it
- You have a prior strangulation conviction (even from years ago)
…then the charge gets upfiled to a Level 5 felony.
A Level 5 felony carries:
- Up to 6 years in prison
- Up to a $10,000 fine
- Significantly greater collateral consequences
And that’s not just legal talk. With a Level 5, prosecutors take things more seriously. Judges tend to look at you differently. And resolving the case becomes more difficult.
Real-World Examples of Strangulation Charges
Here’s what strangulation can look like in the real world:
- Covering your partner’s mouth during an argument? If it stops their breathing, it could be a felony.
- Pushing someone back and your hand lands across their chest? If it affects their breathing and they tell the police they felt choked, that’s enough to charge you.
- You try to de-escalate a fight, but your hand ends up on their throat for a second too long? The police might not care about your intentions.
It’s common for strangulation charges to come up in domestic violence situations. That’s where emotions are running high, the history is complicated, and someone wants law enforcement involved. But once police show up and hear a version of the story that includes hands on necks or mouths, it becomes a criminal matter. And once it’s charged—it doesn’t go away on its own.
Why You Shouldn’t Try to Talk Your Way Out of It
One of the worst things you can do is try to explain your way out of a strangulation accusation without a lawyer. The State isn’t looking for context—they’re looking for admissions.
The second you say:
- “It was just a second”
- “I didn’t mean to hurt anyone”
- “They were yelling, I was just trying to calm them down”
…you’re handing over evidence. You’re helping them prove their case.
The best move you can make? Plead the 5th and call an attorney.
Can These Charges Be Beat?
Yes. But it takes strategy, timing, and experience. Here’s how our team at the Marc Lopez Law Firm approaches strangulation cases:
- We review the entire police report and examine whether probable cause even existed.
- We challenge the evidence of breathing or blood flow obstruction. Was there medical evidence? Photographs? Or just a statement?
- We dig into the context—who called police, what their relationship is to the accused, and whether this is part of a pattern of allegations or manipulation.
- We look at how the statutory language applies—or doesn’t apply—to the facts. The statute requires a certain level of intent and impact. If the State can’t prove both, they don’t have a case.
Don’t Let One Moment Define the Rest of Your Life
You’re not the first person to find themselves charged with a crime after a misunderstanding or emotional outburst. You won’t be the last. But how you respond now will shape what happens next.
A felony conviction affects your job, your family, your freedom, and your future. Even if you avoid prison time, the stain of a felony follows you. Background checks. Licensing boards. Firearm rights. Even child custody arrangements.
You deserve someone in your corner who knows how to fight—and win.
We’re the Defense Team That Doesn’t Back Down
At the Marc Lopez Law Firm, we’re not afraid to go to trial. We don’t plead out just because something’s difficult. We’ve handled hundreds of domestic violence cases. We’ve seen strangulation charges filed without evidence, inflated for leverage, and thrown out when challenged by solid defense work.
Whether this is your first arrest or you’ve been through the system before, we take your case seriously—and we don’t stop until we’ve explored every angle.
Make the Right Call
If you or a loved one is facing strangulation charges in Indiana, time is critical. Call the Marc Lopez Law Firm today at 317-632-3642 for a free consultation. Let us help you figure out the next step—and get your life back on track.
And no matter what—always plead the 5th.