Non-Fatal Strangulation: Charges, Sentence and Defence

Non-fatal strangulation became a specific criminal offence in England and Wales in June 2022. If you have been arrested or charged with non-fatal strangulation, you are facing a serious offence that can be sent to the Crown Court and carries a real risk of imprisonment.

This guide explains what the offence is, what the prosecution must prove, the sentence you could face, the defences available, and what to do next.

In short: Non-fatal strangulation is an offence under Section 75A of the Serious Crime Act 2015 (inserted by the Domestic Abuse Act 2021). It is committed when a person intentionally strangles another, or does any other act that affects their ability to breathe and amounts to battery. It is triable either way, with a maximum of 5 years' imprisonment in the Crown Court. No physical injury needs to be proved.

This article was written by our criminal defence team and reviewed by James O'Donnell, Partner (Crime, Serious Cases and Appeals) at JD Spicer Zeb, Law Society accredited for Criminal Litigation (SRA no. 55671). It explains the law in England and Wales. If you have been accused, our serious crime defence solicitors can advise you the same day.

Arrested or charged with non-fatal strangulation? Speak to a specialist criminal defence solicitor today for a free, confidential consultation.

What is non-fatal strangulation?

Non-fatal strangulation is the intentional strangling of another person, or any other act that affects their ability to breathe and amounts to a battery, for example, covering the nose and mouth, or applying pressure to the neck or chest. It is set out in Section 75A of the Serious Crime Act 2015, which was created by the Domestic Abuse Act 2021 and came into force on 7 June 2022.

The offence was introduced because strangulation is a recognised warning sign in abusive relationships, and because victims are often left with no visible injury, which made these cases hard to prosecute under the old assault laws. Crucially, the prosecution does not have to prove that any injury was caused. The act of strangling or restricting breathing is enough.

What is non-fatal suffocation?

The same section also creates the offence of non-fatal suffocation. This covers any act, other than strangulation, that affects a person's ability to breathe and amounts to a battery, such as smothering with a pillow, a hand or plastic. The two offences sit side by side and are charged and sentenced in the same way.

What does the prosecution have to prove?

To convict you of non-fatal strangulation, the prosecution must prove two things: that you intentionally strangled the complainant or otherwise affected their breathing, and that this amounted to a battery (that is, unlawful force). The points to prove are narrower than many people expect, which is why early legal advice matters.

Because no injury is required, these cases often turn on the complainant's account, any 999 call, body-worn footage, medical observations and the accounts of other witnesses. We explain how this works in our guide to the types of evidence used in criminal cases.

What is the sentence for non-fatal strangulation?

Non-fatal strangulation is triable either way, which means it can be heard in the Magistrates' Court or the Crown Court, depending on its seriousness. The maximum sentence is five years' imprisonment in the Crown Court, and up to 12 months in the magistrates' court.

The actual sentence depends on the seriousness of the offence and any aggravating features, such as a domestic context, previous convictions, or a vulnerable victim. For a detailed breakdown of how the court assesses culpability and harm, see our companion guide to the intentional strangulation sentencing guidelines.

Can you get a suspended sentence?

Yes, a suspended sentence is possible, but it is certainly not a guarantee: the domestic context of many of these cases pushes sentences upward, and immediate custody is common in serious cases. Strong mitigation, early legal advice and careful presentation of the facts can be the difference. Read more about how a suspended prison sentence works in the UK.

Is there a defence to non-fatal strangulation?

There are various potential defences to allegations of non-fatal strangulation.

• Consent. Section 75A provides a limited consent defence: it can apply where the other person consented to the act, but it does not apply if they suffered serious harm and you either intended to cause that harm or were reckless as to whether it was caused.
• No intent. If the act was accidental, the intentional element is not made out.
• It was not strangulation or suffocation. The act may not have affected breathing, or may not amount to a battery.
• Identity and credibility. Where the case rests on a disputed account, the reliability of the evidence can be challenged.
• False or exaggerated allegation. These arise, particularly in the breakdown of a relationship, and must be tested properly.

A defence that succeeds at the police station or persuades the CPS not to charge is worth far more than one run at trial. In some cases, we have had charges dropped altogether.

What to do if you are charged or accused

If you have been arrested, are due to attend a voluntary interview, or have been charged, the steps below protect you.

1. Say nothing in interview until you have advice. You are entitled to free, independent legal advice at the police station, whatever the time of day. What you say in interview shapes the entire case.
2. Do not contact the complainant. Any contact can lead to further charges, such as witness intimidation and breach of bail conditions.
3. Preserve your own evidence. Messages, call logs, photographs and the accounts of anyone present can support your version of events.
4. Take the charge seriously from day one. This is an either-way offence that can reach the Crown Court. Early specialist representation gives you the most options.
5. Instruct a solicitor experienced in this specific offence. Non-fatal strangulation is a relatively new charge with developing case law, and experience of it matters.

Choosing a solicitor for a non-fatal strangulation charge

When people search for the best solicitors for non-fatal strangulation charges in the UK, they are usually looking for three things: genuine experience of this offence, availability at short notice, including out of hours, and clear advice on cost.

Our criminal defence team defends serious violence and domestic abuse allegations across England and Wales, including domestic violence defence and related charges such as grievous bodily harm. We act at the police station, in the magistrates' court and in the Crown Court.

Frequently asked questions

Is non-fatal strangulation an either-way offence?

Yes. It can be tried in the Magistrates' Court or the Crown Court, depending on seriousness, with a maximum of five years' imprisonment on conviction in the Crown Court.

Does the prosecution have to prove an injury?

No. Non-fatal strangulation does not require any injury. The absence of marks or bruising is not a defence and does not stop a charge.

Is strangulation charged as ABH or GBH?

It is usually charged as the specific Section 75A offence rather than as actual or grievous bodily harm, although a more serious assault charge can be brought where the harm caused is severe. The right charge is fact-specific.

Can a non-fatal strangulation charge be dropped?

Yes, in the right circumstances. The CPS can decide not to charge, or to discontinue, where the evidence does not meet the test, even if the complainant supports the case. Early legal representations to the CPS can make a real difference.

What is the sentence for a first offence of non-fatal strangulation?

There is no fixed sentence. A first offence at the lower end may attract a community order or a suspended sentence, while serious cases, especially in a domestic context, can result in immediate custody.

Is there a time limit for charging non-fatal strangulation?

As an either-way offence, there is no six-month time limit of the kind that applies to summary-only offences, so a charge can follow some time after the alleged incident.

Fees and funding

We are clear about the cost from the outset. You can read about our fees for crime cases and check whether you might qualify for criminal legal aid.

Contact our criminal defence solicitors

We represent people across England and Wales, including emergencies and out-of-hours police station attendance. A non-fatal strangulation charge moves quickly, so the sooner we are involved, the more we can do.

Contact us today:

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Or email: solicitors@jdspicer.co.uk

Reviewed by James O'Donnell, Partner (Crime, Serious Cases and Appeals), Law Society accredited for Criminal Litigation, SRA no. 55671. JD Spicer Zeb is authorised and regulated by the Solicitors Regulation Authority. This article is general information about the law in England and Wales and is not legal advice for your specific case. Last reviewed: 21 July 2026