Aggravated Assault by Strangulation or Suffocation – Article 128 UCMJ

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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Note: This law applies only to Aggravated Assault by Strangulation or Suffocation offenses committed on and after 1 January 2019.

What is Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation?

Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation is a serious offense involving intentionally choking or suffocating another person. Manual for Courts-Martial, United States (2024 ed.), Appendix 12C

This crime is considered particularly severe due to the potential for serious injury or death. Convictions for this offense can result in substantial penalties, including lengthy confinement, forfeiture of pay, reduction in rank, and dishonorable discharge.

Given the severity of these charges, the accused need to seek representation from the best military defense lawyers. Court-martial lawyers possess the necessary skills and knowledge to navigate the complexities of military law, challenge the prosecution’s evidence, and protect the accused’s rights. An experienced legal team can significantly influence the case’s outcome, potentially mitigating the harsh penalties associated with a conviction.

Engaging skilled court-martial lawyers, such as those at Gonzalez & Waddington, is crucial for anyone facing charges under Article 128 UCMJ. Their comprehensive understanding of military justice and dedication to defending service members ensure that the accused receives robust and effective legal representation.

Note: The maximum and minimum punishments for Aggravated Assault by Strangulation or Suffocation vary depending on the date of the offense.

What are the types of Aggravated Assault by Strangulation or Suffocation?

Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation
Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation when committed upon a child under the age of 16 years

What are the Elements of Aggravated Assault by Strangulation or Suffocation?

That (state the time and place alleged) the accused assaulted (state the name of the alleged victim);
That the accused did so by (strangulation) (suffocation); and
That the (strangulation) (suffocation) was done with unlawful force or violence.

What are the Elements of Aggravated Assault by Strangulation or Suffocation, Committed upon a Child under 16 years?

That (state the time and place alleged) the accused assaulted (state the name of the alleged victim);
That the accused did so by (strangulation) (suffocation);
That the (strangulation) (suffocation) was done with unlawful force or violence; and
That, at the time, (state the name of the alleged victim) was a child under the age of 16 years.

What is the Maximum Punishment for Aggravated Assault by Strangulation or Suffocation?

For Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation offenses committed between 1 January 2019 and 27 December 2023:

5 Years of Confinement
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1

For Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation offenses committed after 27 December 2023

Under the Sentencing Parameters, Aggravated Assault by Strangulation or Suffocation is a Category 2 Offense – Confinement from 1-36 months (1 month to 3 years)
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

What is the Maximum Punishment for Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation when committed upon a child under the age of 16 years?

For Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation offenses committed between 1 January 2019 and 27 December 2023:

8 Years of Confinement
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1

For Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation when committed upon a child under the age of 16 years is a Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years)
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.

Combined UCMJ Maximum Punishment Charts

Sample Specification for Aggravated Assault by Strangulation or Suffocation

In that COL Renee Collins, US Army, did, at or near Fort Carson, Colorado, on or about 14 August 2025, commit an assault upon Tara Patrick by unlawfully strangling her with his hands.

Model Specification for Aggravated Assault by Strangulation or Suffocation

In that __________ (personal jurisdiction data), did, (at/on board-location), on or about _______, commit an assault upon __________ (a child under the age of 16 years) by unlawfully (strangling) (suffocating) (him) (her) (with/by ________).

What are the Definitions for Aggravated Assault by Strangulation or Suffocation?

An assault by (strangulation) (suffocation) is an assault committed intentionally, knowingly, or recklessly, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

An assault in which bodily harm is inflicted is called a “battery.” A “battery” is an unlawful infliction of bodily harm to another, made with force or violence, by an intentional (or a culpably negligent) act or omission.

“Bodily harm” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation means an offensive touching of another, however slight.

An infliction of bodily harm is “unlawful” if done without legal justification or excuse and without the lawful consent of the victim.

“Culpable negligence” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation is a degree of carelessness greater than simple negligence.

“Simple negligence” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation is the absence of due care. The law always requires everyone to demonstrate care for the safety of others, which a reasonably careful person would demonstrate under the same or similar circumstances; that is what “due care” means.

“Culpable negligence,” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation, on the other hand, is a negligent (act) (or) (failure to act)accompanied by a gross, reckless, wanton, or deliberate disregard for the foreseeable results to others.

“Strangulation” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the alleged victim.

“Suffocation” under Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of a person, the nose of a person, or both, regardless of whether that conduct results in any visible injury or whether there is an intent to kill or protractedly injure the alleged victim.) Manual for Courts-Martial, United States (2024 ed.)

When the alleged victim is a child under the age of 16 years, add the following instructions.

The knowledge that the person allegedly assaulted was under the age of 16 years is not an element of this offense.

Accordingly, if you are convinced beyond a reasonable doubt that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, you are advised that the prosecution is not required to prove that the accused knew that (state the name of the alleged victim) was under the age of 16 years at the time of the alleged offense, and it is not a defense to (strangulation) (suffocation) of a child even if the accused reasonably believed that (state the name of the alleged victim) was at least 16 years old).

Aggravated Assault by Strangulation or Suffocation Military Defense Lawyers

Background of Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation

Article 128 of the Uniform Code of Military Justice (UCMJ) covers various forms of assault, including aggravated assault. Aggravated assault by strangulation or suffocation is recognized as a particularly severe offense due to the high risk of serious injury or death associated with these actions.

Strangulation and suffocation can cause immediate physical harm and long-term psychological effects, making them grave violations of military conduct.

Basics of Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation

To secure a conviction for aggravated assault by strangulation or suffocation under Article 128, the prosecution must prove the following elements beyond a reasonable doubt:

Assault: The accused committed an assault by intentionally applying unlawful force or violence.
Strangulation or Suffocation: The assault involved strangling or suffocating the victim.
Intent: The assault was committed with the intent to cause harm or fear of harm through strangulation or suffocation.
Knowledge: The accused knew or reasonably should have known that the act could cause substantial bodily harm or death.

Dangers of Strangulation and Suffocation

Strangulation and suffocation are extremely dangerous acts that can lead to severe physical and psychological damage. The immediate effects of strangulation can include unconsciousness, brain damage due to lack of oxygen, and death.

Even if the victim survives, there can be lasting effects such as difficulty breathing, swallowing, and speaking, as well as neurological damage. Psychological impacts can include anxiety, depression, and post-traumatic stress disorder (PTSD).

Suffocation, which obstructs a person’s ability to breathe, poses significant health risks. It can lead to hypoxia, where the body is deprived of adequate oxygen supply, resulting in damage to vital organs and potentially causing fatal outcomes. Both strangulation and suffocation are methods often used in domestic violence situations, highlighting their serious nature and the need for strict legal penalties.

For more detailed information on the dangers and medical implications of strangulation, you can visit the following authoritative websites:

Collateral Consequences of Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation Conviction

A conviction for Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation can have numerous collateral consequences, including:

Difficulty obtaining civilian employment due to the nature of the conviction and any resulting discharge status
Loss of military benefits, including retirement pay, VA benefits, and healthcare
Significant damage to personal and professional reputation
Potential civil lawsuits from the victim for damages

Purpose of Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation

The primary purpose of penalizing aggravated assault by strangulation or suffocation under Article 128 is to maintain good order and discipline within the military. Such violent acts severely undermine trust, unit cohesion, and operational effectiveness. By criminalizing such behavior, the military aims to:

Protect service members from severe violence and ensure a safe working environment
Promote respect and professionalism within the ranks
Deter potential offenders by highlighting the serious consequences of such behavior
Uphold the standards of conduct necessary for military readiness and effectiveness

Addressing and penalizing Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation is crucial in fostering a safe and respectful military environment. The stringent penalties reflect the military’s commitment to preventing and responding to severe forms of violence within its ranks.

If you are suspected or accused of Aggravated Assault by Strangulation or Suffocation, speak with one of our experienced military court martial lawyers to discuss your case.

Examples of Article 128 UCMJ Aggravated Assault by Strangulation or Suffocation:

Manual Strangulation: A service member uses their hands to strangle another service member by applying pressure to their neck.
Ligature Strangulation: Using a rope, belt, or other object to strangle another service member.
Choking with a Forearm: Applying a forearm choke to another service member, cutting off their air supply.
Choking During an Argument: Grabbing and choking another service member during a heated argument.
Suffocating with a Pillow: Holding a pillow over another service member’s face to suffocate them.
Plastic Bag Suffocation: Placing a plastic bag over another service member’s head to cut off their air supply.
Drowning Attempt: Holding another service member’s head underwater to prevent them from breathing.
Chokehold: Applying a chokehold that cuts off another service member’s airflow.
Kneeling on the Neck: Using a knee to apply pressure to another service member’s neck, restricting their breathing.
Pressing Against a Wall: Pinning another service member against a wall by their neck.
Strangulation with Clothing: Using a piece of clothing, such as a shirt or scarf, to strangle another service member.
Multiple Instances: Repeatedly strangling another service member over some time.
Mixed Assault: Combining strangulation with other forms of physical assault, such as hitting or kicking.
Choking from Behind: Approaching another service member from behind and choking them.
Using Restraints: Using handcuffs or other restraints to immobilize another service member before strangling them.
During Restraint: Strangling another service member while they are restrained or unable to defend themselves.
Choking During Training: Strangling another service member under the guise of training or discipline.
Attempted Strangulation: Attempting to strangle another service member but being interrupted before completing the act.
Strangulation as Retaliation: Strangling another service member in retaliation for a perceived slight or offense.
Choking in Confinement: Strangling another service member while they are confined in a small space, such as a vehicle or room.

These examples highlight various scenarios where aggravated assault by strangulation or suffocation can occur under Article 128 UCMJ.

The Dangers of Strangulation and Suffocation in Domestic Violence

Introduction

Strangulation and suffocation are among the most lethal forms of domestic violence. These acts involve the obstruction of the victim’s airway or blood flow, often leading to serious injury or death. Understanding the severity and implications of these violent acts is crucial for both victims and those working to combat domestic violence.

“Strangulation can cause unconsciousness within seconds and death within minutes.”
National Domestic Violence Hotline

These actions are not only life-threatening but also indicate a high risk of escalating violence in abusive relationships. This article explores the dangers of strangulation and suffocation, their relationship to domestic violence, and the critical need for awareness and intervention.

The Mechanics of Strangulation and Suffocation

Strangulation occurs when pressure is applied to the neck, obstructing blood flow or airflow. This can result in various physical and psychological effects, even if the victim survives the initial attack. Suffocation involves obstructing the nose and mouth, preventing breathing. Both acts can cause significant harm, including brain damage, internal injuries, and psychological trauma.

“Even without visible injuries, strangulation can cause serious internal damage.”
Journal of Emergency Medicine

Victims of strangulation may experience symptoms such as difficulty breathing, swallowing, and speaking, as well as dizziness, headaches, and loss of consciousness. The lack of external injuries often leads to underreporting and underestimation of the danger.

Strangulation and Domestic Violence

Strangulation is a significant predictor of future lethal violence in domestic abuse cases. Studies have shown that victims of non-fatal strangulation are at an increased risk of homicide by their abuser. This makes strangulation a critical red flag in assessing the danger in abusive relationships.

“Victims of prior attempted strangulation are seven times more likely to be killed by their partner.”
Journal of Emergency Medicine

The act of strangulation is often used by abusers as a method of control and intimidation. It is a clear indicator of the abuser’s intent to exert power and fear over their victim, often leading to a cycle of escalating violence.

Legal and Medical Interventions

Recognizing and documenting strangulation and suffocation is vital for both medical and legal professionals. Medical intervention should focus on assessing immediate and long-term health impacts, including neurological and psychological evaluations.

“Early medical intervention can save lives and improve outcomes for strangulation victims.”
American Medical Association

Legally, many jurisdictions have recognized the severity of strangulation by enacting specific laws that classify it as a felony. This legal recognition is crucial for ensuring that perpetrators are held accountable and that victims receive the protection they need.

Challenges in Identification and Prosecution

One of the major challenges in addressing strangulation and suffocation in domestic violence is the difficulty in identifying and prosecuting these crimes. Because strangulation often leaves few visible marks, it can be challenging for victims to provide evidence of the abuse. Additionally, the symptoms can be delayed, leading to underreporting and misdiagnosis.

“Strangulation is often a hidden crime; victims may not have visible injuries but can suffer serious health consequences.”
American College of Emergency Physicians

Prosecutors must rely on victim testimony, medical evidence, and expert witness testimony to build a strong case. Training for law enforcement and medical personnel on recognizing the signs of strangulation is critical for improving the identification and prosecution of these cases.

Support and Resources for Victims

Providing support and resources for victims of strangulation and suffocation is essential for their safety and recovery. Shelters, hotlines, and counseling services play a vital role in helping victims escape abusive situations and rebuild their lives.

“Access to support services can be a lifeline for victims of domestic violence, helping them find safety and begin the healing process.”
National Coalition Against Domestic Violence

Education and awareness programs can also empower victims to recognize the signs of strangulation and seek help before the violence escalates. Communities must work together to provide comprehensive support networks for those affected by domestic violence.

Prevention and Education

Preventing strangulation and suffocation in domestic violence requires a multifaceted approach that includes education, awareness, and intervention. Schools, workplaces, and community organizations can play a role in educating individuals about the signs and dangers of domestic violence.

“Education is key to prevention; by raising awareness about the signs of abuse, we can intervene early and save lives.”
Centers for Disease Control and Prevention

Training for law enforcement, medical professionals, and educators is also crucial for early detection and intervention. By recognizing the signs of strangulation and taking immediate action, these professionals can help prevent further violence and save lives.

Conclusion

Strangulation and suffocation are extremely dangerous forms of domestic violence that require immediate attention and intervention. Understanding the severity and implications of these acts can help victims, advocates, and professionals take the necessary steps to prevent and respond to these life-threatening behaviors.

“Each member of the Navy is entitled to be treated with dignity and respect and to work in an environment free of harassment and prohibited discrimination.”
NAVY HARASSMENT PREVENTION AND MILITARY EQUAL OPPORTUNITY PROGRAM MANUAL5354.1H, Chapter 1

By raising awareness, providing support, and strengthening legal protections, we can work towards a future where no one has to suffer the horrors of strangulation and suffocation in domestic violence.

How a Military Defense Lawyer Can Assist in Strangulation and Suffocation Cases under the UCMJ

A military defense lawyer plays a crucial role in representing service members accused of strangulation and suffocation under the Uniform Code of Military Justice (UCMJ). These legal professionals provide essential services to ensure the accused receives a fair trial and their rights are protected throughout the legal process.

“Legal representation is essential to ensuring justice and fairness in the military justice system.”
Military Justice Handbook

1. Understanding the Charges: Military defense lawyers help the accused understand the specific charges against them, the elements of the offense, and the potential consequences if convicted. This understanding is critical for developing an effective defense strategy.

2. Investigating the Case: Defense lawyers conduct thorough investigations to gather evidence, interview witnesses, and identify any inconsistencies or weaknesses in the prosecution’s case. This comprehensive approach helps build a strong defense.

“A thorough investigation is the cornerstone of an effective defense.”
American Bar Association

3. Legal Expertise: Military defense lawyers specialize in military law and the UCMJ. This expertise is vital for navigating the complexities of military legal proceedings and ensuring that all legal protocols are followed.

4. Representation in Court: Defense lawyers represent the accused,

presenting evidence, cross-examining witnesses, and arguing on their behalf. They aim to ensure that the accused receives a fair trial and that the prosecution meets its burden of proof beyond a reasonable doubt.

“Effective representation in court is critical to protecting the rights of the accused.”
National Institute of Military Justice

5. Negotiating Plea Deals: In some cases, a plea deal may be in the accused’s best interest. Defense lawyers can negotiate with the prosecution to reach a favorable agreement, potentially reducing the charges or sentencing.

6. Mitigating Sentencing: Defense lawyers advocate for fair and appropriate sentencing if the accused is convicted. They present mitigating evidence and arguments to ensure that the punishment is proportional to the offense and considers the accused’s service record and character.

“Mitigating sentencing is a key aspect of defense work, ensuring just outcomes for service members.”
Military Justice Handbook

7. Appeals and Post-Conviction Relief: Military defense lawyers also assist with appeals and post-conviction relief, challenging any legal errors that may have occurred during the trial. This process is essential for ensuring that justice is served and that the accused can access all available legal remedies.

8. Providing Emotional Support: Facing charges of strangulation and suffocation can be an incredibly stressful experience. Defense lawyers provide legal and emotional support, helping the accused navigate the psychological challenges of the legal process.

“Providing comprehensive support to the accused is an essential part of legal defense.”
American Bar Association

In conclusion, a military defense lawyer is an indispensable advocate for service members accused of strangulation and suffocation under the UCMJ. Their expertise, dedication, and comprehensive support ensure that the accused receives a fair trial, proper representation, and access to justice. This legal assistance is crucial for maintaining the integrity of the military justice system and protecting the rights of those who serve.