Kentucky Strangulation Charges: KRS 508.170

Kentucky’s Strangulation Statute Creates Serious Felony Exposure

In 2019, Kentucky enacted a specific strangulation statute that makes strangulation a distinct crime separate from ordinary assault. Whether you’re facing charges in Louisville, Lexington, or any Kentucky court, strangulation charges carry felony penalties even without visible injuries or prior criminal history. Clark + Harris defends strangulation allegations with the aggressive approach these serious cases require.

First-Degree Strangulation: KRS 508.170

First-degree strangulation under KRS 508.170 is a Class C felony, carrying 5 to 10 years in prison. It applies when someone intentionally impedes the normal breathing or blood circulation of another person by applying pressure to the throat or neck, or by blocking the nose or mouth, with the intent to cause serious physical injury or the person is in fact caused serious physical injury.

Second-Degree Strangulation: KRS 508.175

Second-degree strangulation under KRS 508.175 is a Class D felony, carrying 1 to 5 years. It applies when someone intentionally impedes the normal breathing or blood circulation of another by pressure or blockage, without the aggravating factors that would make it first-degree. Most strangulation cases in Kentucky are charged as second-degree.

Why Strangulation Charges Are So Serious

Before the specific statute, strangulation cases were charged as ordinary assault and often resolved as misdemeanors when no visible injuries were present. Kentucky law now recognizes strangulation as particularly dangerous — research shows strangulation is a strong predictor of future lethal domestic violence — and treats it accordingly with felony penalties regardless of visible injury.

This means what might previously have been a minor fourth-degree assault case can now be a Class D or C felony with prison exposure. Louisville and Lexington domestic violence prosecutors actively charge strangulation when evidence supports it.

Evidence in Strangulation Cases

Strangulation cases often rely on the alleged victim’s testimony, 911 recordings, photographs (even of subtle injuries like petechiae in the eyes), medical records, and the accused’s own statements to police. Forensic nurses are trained to identify strangulation injuries that may not be immediately visible. Defense counsel must carefully examine all of this evidence.

Defending Strangulation Charges

Strangulation defense strategies include self-defense arguments, challenges to the alleged victim’s credibility and motive, medical evidence disputing the strangulation theory (for example, where described injuries could have other causes), constitutional challenges to arrest statements and evidence, and factual disputes about what actually happened. Mutual combat scenarios, false allegations in contested divorces or custody cases, and cases where the alleged victim recants all present defense opportunities.

Collateral Consequences

A strangulation conviction — even second-degree — is a felony that creates permanent consequences: loss of gun rights, voting restrictions, employment background check impacts, housing issues, and the stigma of a violent felony. For these reasons, aggressive defense from the start is critical.

Contact Clark + Harris for Strangulation Defense

Kentucky strangulation charges demand serious defense. Clark + Harris represents clients throughout Lexington, Louisville, and across the Commonwealth.

Call 859-474-0001 today for a confidential consultation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: