Attempts To Choke

Your Options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

A person:

1. By any means attempts to choke suffocate or strangle any person; or

a. By any means calculated to choke suffocate or strangle, attempts to render any person insensible unconscious or incapable of resistance.

b. With intent in any such case to enable himself or herself or another person to commit, or with intent in any such case to assist any person in committing, an indictable offence.

2. If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence. If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

• Duress
• Necessity
• Self-defence

Our experienced Sydney criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The offence of Attempting to choke carries a maximum penalty of 25 years imprisonment in the District Court and must be dealt with in the District Court. The offence of is an extremely serious one and if you are charged with this offence, we advise that you contact one of our solicitors immediately. The penalty for this offence is typically a sentence of full time imprisonment.

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence