Choking, suffocation or strangulation offences are treated as some of the most serious domestic and family violence charges in NSW. Police often lay these charges quickly because the law presumes a high level of risk — even where the alleged conduct was momentary, accidental, or described inconsistently. Once the charge is filed, the matter will proceed regardless of whether the other person wants it withdrawn.
If you have been accused, it is critical to get immediate legal advice. These offences can carry significant penalties, and the way the allegation is framed in the early stages can influence everything that follows.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
This offence is defined under section 37(1A) of the Crimes Act 1900 (NSW).
In NSW, a person can be charged with choking, suffocation or strangulation if it is alleged that they:
There is no requirement for injury, marks, or loss of consciousness.
In a domestic or family violence context, police will often treat even brief contact around the neck or upper chest area as sufficient to charge — even when the evidence is unclear, inconsistent, or contradicted by video or witness accounts.
Under section 37(1A), it is an offence to intentionally apply pressure to someone’s neck, throat or chest, or restrict their breathing, without consent.
To secure a conviction, the prosecution must prove each of the following elements beyond reasonable doubt:
The prosecution must prove you intentionally applied pressure to the neck, throat or chest, or otherwise restricted breathing.
The act must have been done without the complainant’s consent.
Consent cannot be implied from the nature of the relationship.
Police must establish that the parties were in a domestic relationship, triggering additional consequences and sentencing considerations.
If the prosecution cannot prove every element, you must be found not guilty.
For breakup-specific guidance, see our Domestic & Family Violence Page.
We frequently see choking or suffocation allegations arise in situations such as:
The context matters. What is recorded on police body-worn video immediately after the incident can strongly influence the charge.
Common forms of evidence include:
However, choking allegations can be medically unverified because:
A defence lawyer’s role is to test the evidence carefully, particularly where injury is minimal or disputed.
Misinterpretation of physical contact is common.
The prosecution must prove the act was intentional, not accidental or incidental.
Where physical contact occurred to prevent harm or protect yourself.
Inconsistencies between statements, body-worn video and medical evidence can undermine the allegation.
In many cases, charges can be:
Where appropriate, options such as a Conditional Release Order without conviction may be available, depending on the circumstances.
This offence carries serious penalties, including:
However:
Non-custodial outcomes remain possible in the right circumstances.
For comparisons, see Common Assault – DV.
Speaking with a defence lawyer early can help:
When you contact Lenz Legal about a choking, suffocation or strangulation charge, we will:
You will deal directly with a criminal defence lawyer who understands the seriousness and stigma of this allegation.
No. Police can lay the charge even without visible injuries. Lack of injury is highly relevant to your defence.
Yes. Many choking charges are withdrawn after a full review of the evidence or negotiation.
It may influence perceptions, memory and the reliability of statements — all relevant in court.
Contact Lenz Legal before speaking with police or attending court. Early advice can significantly shape the outcome.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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