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Legal concept

Overcharging

Law enforcement charging strangulation at the mere mention of someone's neck being hurt, rather than a true strangulation that warrants a felony charge.

What Right Law Group attorneys say

The problem that we see is in Colorado, often strangulation is charged at the mere mention of someone's neck being hurt.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
The problem from a criminal defense perspective that we see is oftentimes the police can ask questions and ask things saying, well, so Did you feel any anything touch your neck at all, if a neck is mentioned at all, a lot of the times law enforcement will jump in and charge that as a strangulation. But it's not true to the strangulation that was initially the impetus for charging it as a felony under the Colorado legislative.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗
you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged so that you actually have the justice and the opportunity to fight the charges that you should have been charged with not someone saying well, my neck was involved in some way so automatically, you're facing a felony charge.
Alexis Austin Litle · What's The Difference Between 3rd Degree Assault And Strangulation?? // Right Law Group #coloradoWatch clip ↗

Frequently asked questions

The problem from a criminal defense perspective that we see is oftentimes the police can ask questions and ask things sa...

Alexis explains: "The problem from a criminal defense perspective that we see is oftentimes the police can ask questions and ask things saying, well, so Did you feel any anything touch your neck at all, if a neck is mentioned at all, a lot of the times law enforcement will jump in and charge that as a strangulation. But it's not true to the strangulation that was initially the impetus for charging it as a felony under the Colorado legislative."

Answered by Alexis Austin Litle · Watch clip
The problem that we see is in Colorado, often strangulation is charged at the mere mention of someone's neck being hurt.

Alexis explains: "The problem that we see is in Colorado, often strangulation is charged at the mere mention of someone's neck being hurt."

Answered by Alexis Austin Litle · Watch clip
you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged s...

Alexis explains: "you need to make sure you have a criminal defense attorney that can parse out what was actually supposed to be charged so that you actually have the justice and the opportunity to fight the charges that you should have been charged with not someone saying well, my neck was involved in some way so automatically, you're facing a felony charge."

Answered by Alexis Austin Litle · Watch clip

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3 answers grounded in Right Law Group sources

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