Understanding Strangulation Charges Under Article 128 UCMJ – Court Martial Attorneys
How the Military Prosecutes Strangulation Allegations Under Article 128
Strangulation and suffocation allegations under Article 128 of the Uniform Code of Military Justice are among the most aggressively prosecuted domestic violence charges in the military. Unlike other assault cases, strangulation is treated as a “lethality indicator.” Commands, prosecutors, Family Advocacy Program (FAP) personnel, and military law-enforcement agencies presume extreme danger—even when the alleged act lasted only seconds, left no visible marks, or was misinterpreted during a heated argument.
Because of this presumption, service members accused of strangulation are often:
- Placed on immediate no-contact orders
- Removed from their residence, weapons, or workplace
- Flagged and barred from favorable action
- Processed for administrative separation or BOI elimination
- Referred to domestic violence treatment or FAP assessments
- Targeted for pretrial confinement or protective orders
Gonzalez & Waddington, Attorneys at Law is one of the world’s leading military defense firms. Michael and Alexandra Gonzalez-Waddington have defended thousands of service members worldwide facing Article 128 charges, including strangulation. Their courtroom strategies and cross-examination techniques often dismantle weak or exaggerated allegations.
What Is Strangulation Under Article 128?
Under Article 128(b), the UCMJ defines strangulation and suffocation as intentionally, knowingly, or recklessly impeding the normal breathing or blood circulation of a person by applying pressure to the throat or neck or by obstructing the nose or mouth.
Key elements include:
- Pressure to the neck or throat
- Obstruction of breathing
- Impairment of airflow or blood flow “for any amount of time”
- Intent or reckless disregard of the consequences
The government does not need to prove bruising, injury, or lasting marks. Therefore, many strangulation allegations rely entirely on the accuser’s testimony.
Why Strangulation Allegations Are Extremely Dangerous
In both the civilian world and the military, strangulation is associated with high risk of homicide in intimate-partner relationships. Due to this association, commands often treat even minor or false allegations as emergencies.
This results in:
- Automatic presumption of guilt by commanders
- Immediate referral to CID, NCIS, or OSI
- FAP involvement that influences command decisions
- Expedited administrative separation actions
- Pressure to “make an example” regardless of evidence
Because strangulation carries serious penalties—including confinement, loss of career, domestic-violence firearm prohibitions, and a federal record—an aggressive defense is essential.
Common Scenarios Leading to Strangulation Allegations
Most military strangulation cases arise from situations that are fast-moving, emotionally charged, and poorly understood by investigators.
- Arguments during which partners push, grab, or pull each other
- Mutual combat situations where both parties were physical
- Accusers exaggerating events after breakups or custody fights
- False claims to gain advantage in divorce or visitation disputes
- Accusations made weeks or months after the event
- No witnesses, photos, or injuries—only verbal claims
- Accusers claiming “strangulation” to escalate minor physical conflict
- Alcohol-induced misunderstandings
Accusers often describe symptoms they learned from SHARP/FAP briefings—not from actual medical experience.
How Investigators Build a Strangulation Case
Military law enforcement aggressively pursues these cases. Investigators may use:
- “Checklist-style” interviews that suggest symptoms to the accuser
- Misleading questions urging the accuser to claim fear or trauma
- Pressure to undergo medical evaluations that produce vague findings
- Over-interpretation of minor redness as “signs of strangulation”
- Selective witness statements gathered from biased sources
- Digital messages taken out of context
These tactics often result in exaggerated charges unsupported by real evidence.
Winning Defense Strategies for Strangulation Charges
Our defense approaches vary depending on the facts, but core strategies include:
1. Expose the Lack of Physical Evidence
Many accusers show no bruising, petechiae, marks, swelling, or medical findings consistent with strangulation. We highlight medical contradictions and expert testimony to show the allegation is inconsistent with physical reality.
2. Attack Investigator Techniques
Military law enforcement often uses leading questions such as “Did you feel unable to breathe?” or “Were you afraid for your life?” We expose these manipulative tactics in cross-examination.
3. Analyze the Accuser’s Motive
- Divorce leverage
- Custody battles
- Infidelity retaliation
- Avoiding UCMJ trouble (e.g., adultery, AWOL, drinking violations)
- Jealousy or breakup-driven revenge
- Mental health issues
4. Demonstrate Mutual Aggression
Often the accused acted in self-defense or attempted to disengage from an aggressive partner.
5. Challenge “Scary Words” With Real Science
Many so-called “symptoms” of strangulation are vague and not medically validated—such as mild neck redness or “feeling dizzy.” Our medical experts dismantle these claims.
6. Use Digital Evidence
Text messages, recordings, social media posts, and timestamps often contradict the accuser’s version of events.
Penalties for Article 128 Strangulation
- Confinement (months or years depending on severity)
- Bad-conduct or dishonorable discharge
- Loss of rank and pay
- Administrative separation or BOI elimination
- Domestic violence firearm prohibitions
- Federal criminal record
- Loss of retirement and VA benefits
The stakes are extremely high. A single accusation can end a career, destroy a family, and permanently alter your future.
Why Choose Gonzalez & Waddington
Our firm is world-renowned for successfully defending domestic violence, sexual assault, and high-risk Article 128 cases. Michael and Alexandra Gonzalez-Waddington are known for:
- Aggressive courtroom strategy
- Advanced cross-examination techniques
- Deep knowledge of forensic medicine
- Winning cases others considered unwinnable
- Expertise in dismantling accuser credibility
- Global defense of service members in Europe, Asia, and CONUS
Contact Our Article 128 Strangulation Defense Team
If you are accused of strangulation under Article 128, do not speak to investigators, the accuser, or your chain of command. Contact us immediately. The government is already building its case—you need a stronger one.
Article 128 Strangulation Charges – Frequently Asked Questions
Can I be convicted of strangulation if there are no injuries?
Yes, the government often prosecutes strangulation without physical injury. However, the lack of marks or medical findings is powerful defense evidence. Our attorneys regularly defeat strangulation allegations when injuries do not match the accuser’s story.
Why does the military treat strangulation so aggressively?
Strangulation is statistically linked to increased risk of future lethal violence, so commands act quickly to “protect the victim.” Unfortunately, this often results in bias and wrongful accusations. A skilled defense team is essential to counteract command pressure.
Should I talk to CID, NCIS, or OSI?
No. You should politely decline and request an attorney. Statements made during emotional distress can be misinterpreted as admissions. Our firm has prevented countless wrongful convictions by stopping clients from giving damaging statements.
Why hire Gonzalez & Waddington?
Michael and Alexandra Gonzalez-Waddington are internationally recognized for defending complex domestic violence cases, including Article 128 strangulation. Their forensic knowledge, trial skill, and ability to dismantle weak accusations provide service members with the strongest possible defense.
When facing allegations under the Uniform Code of Military Justice (UCMJ), the journey can be overwhelming and confusing. One of the more serious and emotionally charged accusations service members may encounter is Strangulation Charges UCMJ. This type of offense involves implications that extend far beyond administrative consequences, often affecting your military career, security clearance, and future opportunities. These charges are treated with a high level of seriousness in military courts because they may involve allegations of domestic violence or attempted harm. For service members and their families, understanding these charges is critical, not just for legal reasons, but also for emotional reassurance and future planning. Knowing what you’re up against can help you and your defense team form a clear, effective path forward. Whether you’re the accused or a loved one seeking answers, this article is here to walk you through the essential facts, processes, and options regarding Strangulation Charges UCMJ.
Understanding What Counts as Strangulation Under UCMJ
Strangulation Charges under the UCMJ fall within Article 128b, which covers Domestic Violence crimes. Specifically, strangulation includes intentionally impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, or by blocking the nose or mouth of another person. This means that even short-lived or non-lethal actions can still be classified under this charge if intent and physical impact are evident. Prosecution does not necessarily require significant visible injuries.
For example, if a service member grabs their spouse by the throat during an argument, even if the mark fades quickly, that act could be used as evidence of strangulation. In another case, pressing a pillow against someone’s face during a heated exchange, even briefly, might constitute legal suffocation. Because of the perceived lethality and intimate nature of these kinds of assaults, military prosecution is aggressive about pursuing them. It’s crucial to approach these allegations with a clear understanding and a qualified defense.
The importance and impact of strangulation charges in the military
Strangulation Charges UCMJ have a unique weight in the military because they often involve domestic partners and can affect a service member’s reputation, unit cohesion, and military readiness. These cases are often viewed through a zero-tolerance lens, especially when allegations involve intimate partner violence. Even before a conviction, the accused may face administrative restrictions such as no-contact orders, removal from positions of trust, or revocation of security clearance.
Once charges are filed, the consequences can be long-lasting. A conviction can result in punitive discharge, confinement, rank reduction, and a federal criminal record. The ripple effect can influence careers, families, and community relationships. Therefore, understanding the full scope of this charge and its potential consequences is crucial for those involved.
- During a domestic dispute, a service member places their hands around a spouse’s neck. Even if there are no injuries, charges are filed, and the accused is reassigned and restricted from base housing.
- A verbal altercation escalates, and a pillow is pressed over someone’s face. Despite no long-term injury, medical testimony confirms breath restriction. The accused is court-martialed and receives a bad conduct discharge.
- An anonymous household member reports suspected abuse without visible signs. Due to heightened concern over domestic violence in the military, the accused is detained pending investigation, impacting their career and family stability.
How the legal process for strangulation cases unfolds in the military
- Step 1: An allegation is reported either by the victim, a witness, or another party. Immediate protective actions may be taken by the unit chain of command.
- Step 2: Military investigators, such as CID or NCIS, gather evidence including statements, text messages, photos, or medical assessments to build a case.
- Step 3: If probable cause exists, charges are referred to an Article 32 hearing. Based on findings, the case may proceed to a court-martial where legal strategies and outcomes are decided.
Helpful strategies for dealing with UCMJ strangulation charges
Common questions about military strangulation accusations and outcomes
How Gonzalez & Waddington helps clients facing UCMJ strangulation allegations
At Gonzalez & Waddington, we bring decades of hands-on military legal experience to every case. We understand the gravity of Strangulation Charges UCMJ and how these charges affect you legally, professionally, and personally. Our military defense attorneys specialize in defending serious allegations, including domestic violence and assault cases under Article 128b. We provide not just courtroom representation but strategic counsel tailored to your unique circumstances. From evidence review to courtroom defense, we are committed to fighting for fair treatment and due process. Our advocacy empowers our clients with clear direction, informed advice, and peace of mind, even during intense legal challenges. With our team, you don’t stand alone — we’re ready to stand beside you every step of the way.
TLDR summary of strangulation-related UCMJ guidance
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