Domestic assault involving choking or strangulation is one of the most serious forms of assault under Canadian criminal law. Courts treat these cases with particular gravity because choking can quickly lead to unconsciousness or death—even if there are no visible injuries. In recent years, prosecutors across Canada have adopted stricter policies when handling these charges, recognizing the inherent danger and potential lethality of such acts. If you are accused of domestic assault by choking, it is essential to understand the nature of the charge, potential penalties, and available defences.
Understanding the Charge of Domestic Assault by Choking
Under section 267(c) of the Criminal Code of Canada, assault causing bodily harm includes choking, suffocation, or strangulation. However, in 2019, the Criminal Code was amended to create a separate and more specific offence: strangulation, choking, or suffocation under section 267(c).
This new provision acknowledges that choking in domestic situations carries an extremely high risk of serious injury or death, even when the victim survives without lasting physical harm. The offence applies when an individual knowingly and intentionally impedes the normal breathing or blood circulation of another person by applying pressure to the neck or blocking the mouth or nose.
How Domestic Assault Choking Differs from Other Assaults
Domestic assault by choking is prosecuted more severely than common assault or even assault causing bodily harm because it demonstrates a higher degree of violence and control. Unlike other physical acts, choking or strangulation can render a victim unconscious in seconds and cause irreversible damage in minutes.
The law recognizes that such conduct is often associated with a pattern of coercive or controlling behaviour in intimate relationships. For that reason, the Crown often pursues these charges aggressively, and courts rarely grant lenient outcomes without strong mitigating circumstances or evidentiary issues.
Potential Penalties for Domestic Assault Choking
A conviction for choking or strangulation in a domestic context carries severe penalties.
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Maximum sentence: 10 years imprisonment if prosecuted by indictment.
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Summary conviction: Potential Jail term.
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Weapons prohibition: The accused may be prohibited from owning or possessing firearms.
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Criminal record: A permanent criminal record that can impact employment, travel, and immigration status.
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DNA order: The court may require a DNA sample for the national database.
Even first-time offenders can face significant jail sentences if the court determines that the assault involved risk of serious harm or evidence of intent to control or dominate the victim.
What the Crown Must Prove
To convict an individual of domestic assault by choking, the Crown must prove beyond a reasonable doubt that:
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The accused intentionally applied force to the complainant’s neck, mouth, or nose.
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The action impeded normal breathing or blood flow.
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The act was intentional, not accidental.
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The complainant did not consent to the contact.
Visible injuries such as bruising or marks on the neck are not required for conviction. Courts often rely on testimony, medical evidence (such as redness or petechiae), or circumstantial evidence to establish choking occurred.
Defences to Domestic Assault Choking Charges
A strong legal defence depends on the facts of the case, the evidence available, and the credibility of the witnesses. Common defences include:
Lack of intent: The Crown must prove that the accused intended to impede breathing or circulation. If the contact was accidental during a struggle or lacked the necessary intent, this can form a defence.
Self-defence: If the accused acted to protect themselves from harm, and the force used was reasonable and proportionate, self-defence may apply.
Inconsistencies in evidence: Many choking allegations arise in emotionally charged situations where memory and perception can be unreliable. Contradictions in statements or lack of medical proof can weaken the prosecution’s case.
Consent and context: In rare cases involving consensual activity, the defence may argue that the contact occurred with consent. However, courts scrutinize such claims closely.
Charter violations: If police obtained statements or evidence unlawfully, a lawyer may argue to have the evidence excluded, weakening the Crown’s position.
The Impact of a Choking Allegation
Being accused of domestic assault by choking has immediate and lasting consequences. An individual charged with this offence is often subject to strict release conditions, including:
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No contact with the complainant (often including indirect communication).
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Prohibition from returning to the family home.
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Surrendering firearms or weapons.
These conditions can disrupt family life, employment, and parenting arrangements even before a trial takes place. A conviction can also have serious immigration consequences for non-citizens, potentially resulting in deportation or inadmissibility to Canada.
Why Domestic Choking Allegations Are Taken So Seriously
Canadian courts recognize that strangulation is one of the strongest predictors of future lethal violence in domestic relationships. As a result, prosecutors are reluctant to withdraw these charges without clear evidence that the allegations are unfounded.
Medical experts have shown that strangulation can cause oxygen deprivation to the brain, leading to long-term neurological effects even when victims appear physically unharmed. For this reason, even minor instances are prosecuted aggressively to deter future harm.
The Role of a Defence Lawyer
A criminal defence lawyer experienced in domestic violence and assault cases plays an essential role in protecting the accused’s rights. A lawyer can:
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Review police reports, bodycam footage, and medical records for inconsistencies.
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Challenge the credibility of witness statements or prior inconsistent accounts.
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Seek the reduction or withdrawal of charges when evidence is weak.
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Negotiate alternative outcomes such as peace bonds, counselling programs, or conditional discharges where appropriate.
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Defend the accused in trial when necessary to achieve an acquittal.
Because of the serious nature of choking allegations, self-representation or delay in obtaining counsel can significantly reduce the chances of a positive outcome.
The Importance of Early Legal Representation
The earlier a lawyer becomes involved, the better the chances of building a strong defence. Early intervention can lead to disclosure review, witness interviews, and communication with the Crown to address potential misunderstandings before trial.
In some cases, a skilled lawyer may be able to resolve the matter through alternative means such as a peace bond or withdrawal of charges—particularly when the evidence is weak or the complainant is unwilling to testify.
Contact De Boyrie Law
If you have been charged with domestic assault involving choking, immediate legal advice is critical. These allegations are treated with exceptional seriousness by both prosecutors and judges. De Boyrie Law provides experienced, strategic defence representation for clients facing choking and domestic assault charges in Toronto and across Ontario.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
