Can Strangulation Charges Be Filed Without Visible Injuries?

 Posted on January 15, 2026 in Criminal Defense

As of 2026, Virginia courts continue to treat strangulation allegations as high-risk offenses. Prosecutors do not need bruises, marks, or photographs of the neck to move forward with a case.

What matters is whether the allegation involves restricted breathing or blood flow. This surprises many people. A 2025 statewide report from the Virginia Sexual and Domestic Violence Action Alliance found that nearly 16 percent of cases involve alleged victims reporting having their breathing blocked or obstructed.

Because of how these cases are handled, it is important to understand your rights early. If you are being investigated or charged, our Fairfax, VA strangulation defense lawyer can help. We will explain what prosecutors must prove and how these cases typically move forward.

Can You Be Charged With Strangulation in Virginia Without Bruises or Marks?

Virginia law allows strangulation charges even when there are no visible injuries. Under Va. Code § 18.2-51.6, the focus is on whether someone knowingly and intentionally interfered with another person’s breathing or blood circulation.

The statute does not require permanent injury, loss of consciousness, or external marks. If officers believe the legal elements are present, charges may be filed based on statements, symptoms, and surrounding circumstances alone.

Why Are There Often No Visible Injuries in Strangulation Cases?

Strangulation frequently causes internal injuries rather than external ones. Swelling, bruising, and damage to blood vessels or airways may not appear right away. Medical professionals recognize that symptoms can develop hours or days later.

What Evidence Is Used When There Are No Visible Injuries in a Strangulation Case?

When there are no visible injuries, prosecutors rely on other forms of evidence. In Fairfax County, officers are trained to document detailed observations at the scene.

Evidence may include:

• Statements describing pressure on the neck or blocked breathing

• Complaints of dizziness, hoarseness, throat pain, or trouble swallowing

• Officer observations of redness, swelling, or tenderness

• Body camera footage or recorded emergency calls

• Medical evaluations, even when imaging does not show obvious trauma

This type of evidence can support charges even without photographs of injuries.

How Do Domestic Violence Laws Affect Strangulation Charges in Fairfax County?

Many strangulation cases arise from domestic disputes. Under Va. Code § 19.2-81.3, police are encouraged to make an arrest in domestic violence situations when probable cause exists.

Protective orders may also be issued, sometimes immediately after an arrest. These orders can limit contact with family members and require someone to leave their home. They also restrict firearm possession, regardless of whether injuries are visible.

What Penalties Can Apply to a Strangulation Conviction in Virginia?

Strangulation is typically charged as a Class 6 felony. A conviction can lead to incarceration, probation, fines, and a permanent criminal record.

Beyond court penalties, a felony conviction can affect employment, housing, and professional opportunities. These consequences exist even when the case involves no visible injuries.

How Are Strangulation Charges Defended When There Are No Injuries?

Defenses often focus on whether the legal definition of strangulation was actually met. Prosecutors must show that the defendant intentionally interfered with someone’s breathing or blood flow and prove it beyond a reasonable doubt.

Defense strategies may involve examining inconsistent statements and alternative medical explanations. They may also focus on timing issues or whether the alleged contact meets the legal threshold under Virginia law. Medical records and scene evidence often play a critical role.

What Should You Do If You Are Accused of Strangulation Without Visible Injuries?

Do not assume the case will be dismissed because there are no marks. Avoid discussing the incident with police or others without legal guidance. Keep in mind that statements can be misinterpreted and manipulated to be used against you.

An experienced criminal defense lawyer can explain how the law applies to your situation. They will help you make informed decisions about next steps.

Schedule a Free Consultation With Our Fairfax, VA Strangulation Defense Attorney

If you are facing strangulation charges without visible injuries, taking action early matters. At Robinson Law, PLLC, we are available 24/7 to answer questions and respond when concerns arise. We bring more than 50 years of legal experience to every case.

Call 703-844-3746 to speak with a Fairfax, VA strangulation defense lawyer and learn how to protect your rights and your future. Hablamos Español.