Massachusetts G.L. c. 265, § 15D: Strangulation or Suffocation
If your charging documents reference G.L. c. 265, § 15D, you are facing a felony charge that can be brought even without visible injury. Understanding what the prosecution must actually prove is critical to your defense.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being accused of assaultBeing charged with strangulation or suffocation is frightening, particularly because this charge can be brought even from an allegation of a single hand placed on the neck, with no visible injury. We understand these situations are often far more complicated than they appear. For over 30 years, we have helped people facing serious charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 265, § 15D Prohibit?
Massachusetts G.L. c. 265, § 15D makes it a crime to strangle or suffocate another person. This charge is frequently, but not always, charged in the context of domestic violence. Strangulation is defined as intentionally interfering with normal breathing or blood circulation by applying substantial pressure on the throat or neck. Suffocation is the same interference accomplished by blocking the nose or mouth.
This is a general intent crime. The Commonwealth does not need to prove that you specifically intended to interfere with someone's breathing or blood circulation. It only needs to prove that you intentionally committed the act, applying pressure to the neck or blocking the nose or mouth, that in fact caused that interference.
The base offense requires no proof of injury at all, and no visible marking on the skin is required. A charge can be, and often is, brought based on witness testimony or the alleged victim's own account alone.
This charge was created in 2014 specifically to give prosecutors a felony option for conduct that had previously often been prosecuted, if at all, as a misdemeanor assault and battery. It is now charged routinely and frequently triggers a motion to hold the accused without bail at arraignment.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following elements beyond a reasonable doubt:
Intentional Application of Pressure : You intentionally applied pressure on the throat or neck of the alleged victim (or intentionally blocked their nose or mouth, for suffocation). The pressure or blocking must be intentional, not accidental or the product of a mutual struggle.
Substantial Pressure : The pressure applied was substantial, not merely incidental contact during an altercation.
Interference With Breathing or Circulation : The pressure interfered with the alleged victim's normal breathing or circulation of blood.
The Commonwealth must prove ALL of these elements. Because this is a general intent crime, you do not need to have specifically intended to interfere with breathing, but the Commonwealth still must prove your act was intentional and not accidental or the byproduct of a mutual struggle.
Intentional Application of Pressure : You intentionally applied pressure on the throat or neck of the alleged victim (or intentionally blocked their nose or mouth, for suffocation). The pressure or blocking must be intentional, not accidental or the product of a mutual struggle.
Substantial Pressure : The pressure applied was substantial, not merely incidental contact during an altercation.
Interference With Breathing or Circulation : The pressure interfered with the alleged victim's normal breathing or circulation of blood.
The Commonwealth must prove ALL of these elements. Because this is a general intent crime, you do not need to have specifically intended to interfere with breathing, but the Commonwealth still must prove your act was intentional and not accidental or the byproduct of a mutual struggle.
Penalties Under Massachusetts Law
This charge carries a base tier and a significantly enhanced tier that applies when specific aggravating factors are present.
Base Offense
● Up to 5 years in state prison, OR
● Up to 2.5 years in a house of correction, OR
● A fine of up to $5,000, with both fine and imprisonment possible
● Both fine and imprisonment possible
● Up to 2.5 years in a house of correction, OR
● A fine of up to $5,000, with both fine and imprisonment possible
● Both fine and imprisonment possible
Aggravated Tier
● Up to 10 years in state prison, or up to 2.5 years in a house of correction, and a fine of up to $10,000
● Applies if: serious bodily injury resulted, OR the victim was pregnant and you knew or had reason to know it, OR you have a prior strangulation or suffocation conviction, OR
● you knew of an outstanding restraining, no-contact, or vacate order against you at the time of the alleged offense
● Applies if: serious bodily injury resulted, OR the victim was pregnant and you knew or had reason to know it, OR you have a prior strangulation or suffocation conviction, OR
● you knew of an outstanding restraining, no-contact, or vacate order against you at the time of the alleged offense
Collateral Consequences
● A felony criminal record affecting employment
● Loss of the right to possess firearms
● Severe immigration consequences for non-citizens
● Professional license implications
● Mandatory completion of a certified batterer's intervention program upon conviction or as a condition of a continuance without a finding
● Difficulty obtaining housing
● A likely motion to hold you without bail at arraignment given the seriousness of the charge
● Loss of the right to possess firearms
● Severe immigration consequences for non-citizens
● Professional license implications
● Mandatory completion of a certified batterer's intervention program upon conviction or as a condition of a continuance without a finding
● Difficulty obtaining housing
● A likely motion to hold you without bail at arraignment given the seriousness of the charge
Related Criminal Charges
● G.L. c. 265, § 13A: Simple Assault and Battery : A lesser included offense often charged alongside or as an alternative to this charge
● G.L. c. 265, § 13M: Domestic Assault and Battery : Very frequently charged alongside this offense when the alleged victim is a family or household member
● G.L. c. 209A, § 7: Violation of an Abuse Prevention Order : A separate charge, and knowledge of an outstanding order also triggers the aggravated penalty tier for this offense
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon : A more serious felony charge if a dangerous weapon was also allegedly used
● G.L. c. 265, § 22: Rape, sometimes charged alongside strangulation in domestic violence contexts involving sexual assault allegations
Related Practice Area: Our Domestic Assault and Battery Practice Area Overview
● G.L. c. 265, § 13M: Domestic Assault and Battery : Very frequently charged alongside this offense when the alleged victim is a family or household member
● G.L. c. 209A, § 7: Violation of an Abuse Prevention Order : A separate charge, and knowledge of an outstanding order also triggers the aggravated penalty tier for this offense
● G.L. c. 265, § 15A: Assault and Battery with a Dangerous Weapon : A more serious felony charge if a dangerous weapon was also allegedly used
● G.L. c. 265, § 22: Rape, sometimes charged alongside strangulation in domestic violence contexts involving sexual assault allegations
Related Practice Area: Our Domestic Assault and Battery Practice Area Overview
Defending Against Strangulation or Suffocation Charges
These cases often present real defense opportunities because the standard is more demanding than people assume. Self-defense or defense of another is a valid defense if you reasonably believed you were in danger and used reasonable, proportionate force.
A key defense involves challenging whether the touching actually amounted to substantial pressure that interfered with breathing or blood circulation, rather than mere contact during a mutual struggle. Not every hand near a neck during a physical altercation meets this legal standard.
We also examine whether any of the aggravating factors alleged actually apply, since they significantly increase the penalty range. Whether an injury meets the legal definition of serious bodily injury, whether pregnancy knowledge can be proven, and whether a prior conviction truly qualifies are all frequently contested.
Given how often a dangerousness hearing accompanies this charge, defense work must begin immediately, often within hours of the arrest.
A key defense involves challenging whether the touching actually amounted to substantial pressure that interfered with breathing or blood circulation, rather than mere contact during a mutual struggle. Not every hand near a neck during a physical altercation meets this legal standard.
We also examine whether any of the aggravating factors alleged actually apply, since they significantly increase the penalty range. Whether an injury meets the legal definition of serious bodily injury, whether pregnancy knowledge can be proven, and whether a prior conviction truly qualifies are all frequently contested.
Given how often a dangerousness hearing accompanies this charge, defense work must begin immediately, often within hours of the arrest.
What To Do Right Now
If you have been charged under G.L. c. 265, § 15D, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
Strangulation and suffocation charges are serious felonies that can result in state prison time and often accompany a dangerousness hearing. Experienced legal representation from the outset is essential.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
