In California, strangulation is not a standalone crime. It is typically prosecuted under Penal Code § 273.5, which criminalizes corporal injury on an intimate partner, or under Penal Code § 245, which addresses assault with force likely to produce great bodily injury.
Key Legal Points:
Strangulation as Felony or Misdemeanor (“Wobbler”) Strangulation is usually charged as a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or a felony.
The District Attorney decides how to charge based on factors like the severity of injuries, the relationship between the parties, and prior history of abuse.
Automatic Felony in Some Contexts When strangulation occurs between a man and woman in a dating or cohabiting relationship, it is often treated as a felony due to the high lethality risk.
However, current law does not guarantee felony treatment in same-sex or non-traditional domestic relationships (e.g., ex-spouses, step-relations), which creates protection gaps. Domestic Violence Relationship Requirement For enhanced charges (like under § 273.5), there must be a qualifying domestic relationship: spouses, cohabitants, former dating partners, or parents of a shared child.
Step-parents or partners without legal/cohabitation ties may not be recognized, which can block access to restraining orders or victim protections.
Restraining Orders & Protection Gaps Emergency Protective Orders (EPOs) are typically available for domestic violence victims.
However, step-parents and non-married partners may be excluded, leaving them without immediate legal protection, even after life-threatening violence.
Strangulation = Lethality Indicator California law enforcement recognizes that strangulation is one of the strongest predictors of future homicide in domestic abuse cases. Training for law enforcement has increased, but legal protections haven’t fully caught up, especially for victims who fall outside traditional family roles.
Legal Reform Is Needed:
Mandate felony charges for all strangulation cases with documented injury, regardless of gender or relationship label.
Expand definitions of “domestic” to include step-parents and cohabiting partners, especially when children are involved.
Ensure emergency DVROs apply to all cohabitants in a domestic setting, not just married or dating couples.
Strangled In La Jolla 