Last reviewed October 15, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
A domestic case becomes a felony when the accusation is strangulation. Most first-time domestic assault and battery charges in Virginia are Class 1 misdemeanors under Va. Code § 18.2-57.2. But if the Commonwealth alleges that a person applied pressure to someone’s neck, or blocked their airway, and caused bodily injury, the charge is strangulation or suffocation under Va. Code § 18.2-51.6, a Class 6 felony punishable by one to five years in prison, even with no prior record.
What counts as strangulation under Virginia law?
Under Va. Code § 18.2-51.6, the Commonwealth must prove that the person, without the other person’s consent:
- knowingly, intentionally and unlawfully
- impeded the other person’s blood circulation or breathing
- by applying pressure to the neck (strangulation) or by blocking or obstructing the airway (suffocation, added in 2023)
- and the act resulted in wounding or bodily injury.
The statute applies to anyone, but most strangulation charges in Northern Virginia arise from arguments between spouses, partners or family members.
What is the penalty for strangulation in Virginia?
Strangulation and suffocation are Class 6 felonies. Under Va. Code § 18.2-10(f), a Class 6 felony carries:
- one to five years in prison, or
- at the judge’s or jury’s discretion, up to 12 months in jail and/or a fine of up to $2,500.
| Charge | Classification | Maximum penalty |
|---|---|---|
| Domestic assault and battery, first or second offense (§ 18.2-57.2(A)) | Class 1 misdemeanor | 12 months in jail and a $2,500 fine (§ 18.2-11) |
| Strangulation or suffocation (§ 18.2-51.6) | Class 6 felony | 5 years in prison (§ 18.2-10) |
| Domestic assault and battery with two qualifying prior convictions within 20 years (§ 18.2-57.2(B)) | Class 6 felony | 5 years in prison (§ 18.2-10) |
For what a misdemeanor domestic assault and battery charge can mean for jail time, see How Long Do You Go to Jail for Domestic Assault and Battery in Virginia?
Who counts as a “family or household member”?
Va. Code § 16.1-228 defines family or household members as spouses and former spouses; parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents and grandchildren; in-laws who live in the same home; anyone who shares a child with the accused; anyone who lives with the accused or did within the past 12 months, and their children in the home; a legal custodian of a juvenile; and an intimate partner.
Which court hears a strangulation charge in a domestic case?
The case usually starts in the Juvenile and Domestic Relations (JDR) District Court. Va. Code § 16.1-241(J) gives the JDR court jurisdiction over offenses one family or household member is charged with committing against another. For a felony, the JDR court’s role is generally limited to a preliminary hearing on whether there is probable cause. If probable cause is found, the case goes to the grand jury and to the circuit court, such as the Fairfax County Circuit Court or the Arlington County Circuit Court, for trial.
The preliminary hearing is an important early chance to hear the Commonwealth’s evidence and test whether it shows the “bodily injury” element.
Can a strangulation charge be resolved with first-offender deferral?
Not under the domestic deferral statute. Virginia’s first-offender program for domestic cases, Va. Code § 18.2-57.3, applies to assault and battery against a family or household member under § 18.2-57.2 and simple assault under § 18.2-57(A) against a family or household member. It does not list strangulation under § 18.2-51.6. Any non-felony resolution of a strangulation charge, such as a reduction to a misdemeanor, depends on the facts and on negotiation with the Commonwealth’s Attorney. We explain the deferral program in Virginia’s Domestic Assault and Battery Diversion Program.
What happens right after a strangulation arrest?
- Bail. In deciding bail, the magistrate or judge considers whether release would be an unreasonable danger to family or household members (Va. Code § 19.2-120).
- Emergency protective order. When a warrant is issued for domestic assault and battery under § 18.2-57.2, the magistrate must issue an emergency protective order (Va. Code § 18.2-57.2(C)). Strangulation arrests often come with one. An emergency protective order expires at 11:59 p.m. on the third day after it is issued, or the next day the JDR court is in session (Va. Code § 16.1-253.4(C)). See Emergency Protective Orders in Virginia Domestic Assault Cases.
- Firearms. A person subject to a protective order may not buy or transport a firearm while it is in effect (Va. Code § 18.2-308.1:4).
What are the long-term consequences of a strangulation conviction?
- A felony record. A conviction under § 18.2-51.6 is a felony conviction, which brings Virginia’s ban on firearm possession by convicted felons (Va. Code § 18.2-308.2).
- A “violent felony” for sentencing. Va. Code § 17.1-805(C) lists § 18.2-51.6 as a violent felony offense, which raises sentencing guideline recommendations in any future case.
- A prior for future domestic charges. A strangulation conviction counts as a prior under § 18.2-57.2(B). Two qualifying priors within 20 years can turn a later misdemeanor domestic assault into a Class 6 felony.
Where are strangulation cases heard in Northern Virginia?
When the accused and the alleged victim are family or household members, the case starts with a preliminary hearing in the Juvenile and Domestic Relations District Court for the locality where it happened, and then goes to that locality’s Circuit Court for trial:
- Alexandria: Alexandria Juvenile and Domestic Relations District Court, 520 King Street, Alexandria
- Arlington: Arlington County Juvenile and Domestic Relations District Court, 1425 North Courthouse Road, Arlington
- Fairfax County: Fairfax County Juvenile and Domestic Relations District Court, 4110 Chain Bridge Road, Fairfax
- Loudoun: Loudoun County Juvenile and Domestic Relations District Court, 18 East Market Street, Leesburg
- Prince William: Prince William County Juvenile and Domestic Relations District Court, 9311 Lee Avenue, Manassas
Frequently asked questions
Yes. Strangulation or suffocation that causes wounding or bodily injury is a Class 6 felony under Va. Code § 18.2-51.6, punishable by one to five years in prison, or up to 12 months in jail and a $2,500 fine at the court’s discretion.
Yes. The statute requires that the act resulted in “wounding or bodily injury.” Whether the evidence meets that element is often a central question in these cases.
No. The Commonwealth’s Attorney, not the alleged victim, decides whether to proceed. Read more in Dropping Domestic Assault & Battery Charge in Virginia?
The domestic first-offender statute, Va. Code § 18.2-57.3, does not list strangulation under § 18.2-51.6.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Facing a strangulation charge in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends domestic assault and strangulation charges in Alexandria, Arlington, Fairfax, Loudoun and Prince William. See our domestic assault pages for Fairfax, Arlington, Loudoun, Prince William and Alexandria.
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.
