Choking Charge Calgary

Choking Offences in Calgary

Choking Charge

Although this charge is commonly referred to as “choking”, it covers a much wider range of prohibited acts than just choking. Section 246 of the Criminal Code makes it a crime to attempt to do any of the following acts for the purpose of facilitating an indictable offence:

  • Choke
  • Strangle
  • Suffocate
  • Administer an overpowering drug
  • Do anything to try to render someone unconscious or incapable of resistance

This offence is designed to punish anyone who tries to choke another person out, to make it easier to commit another crime, such as rape or robbery. Thus, people charged with this offence are also commonly charged with other offences, like sexual assault, theft, and robbery.

Choking another person is recognized in law as an extremely dangerous form of assault that can cause brain injury or death to the victim, and deploying it as a means to facilitate additional crimes is considered especially reprehensible.

Note that this offence does not make it a crime to simply choke or strangle another person. The offender must have had the commission of another crime in mind when he committed the choking. However, choking someone with no further purpose can still be punished under assault, aggravated assault, or perhaps even attempted murder.

Bail Conditions for Choking Offence

This charge often arises in the context of a domestic relationship, where the alleged victim is the accused’s wife, girlfriend, or other family member. As such, the police and prosecution will likely opposes your release if you have any sort of a violent past.

We will make a compelling presentation to the Judge as to why your detention is not necessary to protect the alleged victim or to ensure you will come to court. If you are released, you may be subject to strict conditions, including:

  • Do not contact or communicate with the alleged victim
  • Do not go to their house or place of work
  • Do not possess any weapons
  • Do not consume alcohol or drugs
  • Do not contact any witnesses to the alleged offence

If the alleged victim is a loved one or family member, some of these conditions can cause obvious stress and inconvenience on your life! In appropriate cases, we may be able to change or delete any conditions that have an excessively negative effect on your day to day life.

Defending Choking Charge

Our work starts with an inside-out review of all the police evidence alongside your version of events. We conduct a thorough analysis of all the potential legal issues in your case and then provide you with all available options and routes of attack. Our review may focus on any of the following points:

  • Does the Crown have sufficient proof that you intended to commit a further offence beyond choking or strangling the alleged victim? For example, were you simply defending yourself?
  • Can the prosecution prove that you were the one who committed the crime?

The Sentence

The maximum punishment for Choking is life in jail.

There are several additional consequences that flow from being found guilty of this charge:

  • A mandatory order that you give a DNA sample to the national forensic DNA databank
  • A prohibition on owning any firearms and related items for 10 years to life
  • A period of probation of up to three years, including terms that you have no contact or communication with the victim

In every case, we present a thorough and convincing argument to the judge that any sentence keeps any restrictions on your freedom to the absolute minimum, and is tailored to your unique circumstances.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!



Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.