A charge of domestic assault involving choking is among the most serious and aggressively prosecuted offences in Canada’s criminal justice system. Unlike a typical assault allegation, choking is considered a higher-risk indicator of escalating intimate partner violence. As a result, the legal consequences and societal stigma are severe—and the Crown will often seek detention or significant penalties even before a trial takes place.
If you or someone you care about has been charged with domestic assault choking, it is critical to understand the legal process, the nature of the charge, and how a skilled criminal defence lawyer can protect your rights.
What Is Domestic Assault Choking?
Domestic assault choking refers to the intentional application of pressure to someone’s neck, throat, or mouth, in the context of a domestic relationship—such as a spouse, romantic partner, ex-partner, or family member.
This offence is specifically addressed in Section 267(c) of the Criminal Code of Canada, which makes it a criminal offence to:
“Choke, suffocate or strangle another person, or attempt to do so, while committing an assault.”
The act does not need to leave visible injuries or marks. Even an alleged attempt to choke—without actual harm—can be enough for the Crown to proceed with serious charges.
Why This Charge Is Treated So Seriously
Choking is classified as a violent and high-risk behaviour often associated with an increased likelihood of future homicide or repeat assault in domestic situations. Because of this, prosecutors and courts treat it as a major red flag.
- Police will typically lay charges immediately upon receiving a complaint, even if the alleged victim does not wish to proceed.
- The accused may be held for a bail hearing with strict conditions, including no contact with the complainant.
- The Crown is unlikely to agree to diversion or peace bonds in choking cases, even for first-time offenders.
What the Crown Must Prove
To secure a conviction, the Crown must establish beyond a reasonable doubt that:
- The accused committed an assault against an intimate partner or family member;
- The assault involved choking, suffocating, or strangling;
- The act was intentional and not accidental;
- The accused was the person who committed the act.
The evidence may include the complainant’s testimony, medical reports, police bodycam footage, 911 calls, witness accounts, or photos of alleged injuries.
Even in the absence of physical evidence, courts can convict based solely on credible witness testimony if it is found to be consistent and reliable.
Penalties for Domestic Assault Choking
This offence is classified as an indictable hybrid offence, but the Crown most often proceeds by indictment due to the seriousness of the allegation.
Maximum penalty:
- Up to 10 years in prison
Other consequences may include:
- A permanent criminal record
- Firearm prohibitions
- DNA orders
- No-contact orders (even with children or family)
- Immigration consequences (for non-citizens or permanent residents)
In many cases, the Crown will seek jail time upon conviction, even for first-time offenders.
Bail Considerations
Because of the gravity of choking allegations, individuals charged may not be released directly by police. A bail hearing is typically required.
Bail conditions often include:
- No contact with the complainant
- No return to the shared home
- Restrictions on parenting or access to children
- Mandatory counselling or supervision
If the court finds that releasing the accused could pose a risk to the complainant or public confidence in the justice system, bail may be denied.
Common Defences to Domestic Assault Choking Charges
Every case depends on the specific facts and evidence available. Some of the most common legal defences include:
False Allegations or Fabrication
Domestic arguments can lead to emotionally charged situations where false or exaggerated allegations are made. Your lawyer can challenge the credibility of the complainant and highlight inconsistencies in their account of events.
Self-Defence
If you applied force to protect yourself or another person from harm—and that force was reasonable and proportional—you may have a legal justification under Section 34 of the Criminal Code.
No Intent to Choke
The Crown must prove that you intentionally applied pressure to the throat, neck, or mouth. If contact occurred during a struggle or by accident, this could raise reasonable doubt.
Lack of Evidence
In many cases, there are no physical injuries or witnesses. A strong defence may argue that the evidence is insufficient or unreliable, especially if there is no corroboration of the allegation.
Why You Need a Criminal Defence Lawyer Immediately
Domestic assault choking is a life-altering charge. From restrictive bail conditions to the possibility of jail time and family separation, the risks are too high to face alone. A skilled criminal defence lawyer can:
- Challenge weak or unproven allegations
- Represent you at your bail hearing and seek favourable release terms
- Protect your rights throughout the court process
- Seek to have the charge withdrawn, downgraded, or dismissed where possible
- Build a strong trial defence if necessary
Early legal representation is critical to ensure your version of events is documented and your defence is properly built from the outset.
What to Do If You’ve Been Charged
- Do not speak to the complainant. Even if they reach out, any contact can lead to new charges.
- Do not speak to police without a lawyer. You have the right to remain silent.
- Consult a criminal defence lawyer immediately.
- Gather any supporting evidence, such as text messages, call logs, witness names, or photos.
- Prepare for your bail hearing with your lawyer and potential sureties.
Schedule a Free Consultation with Lichtman Law
If you’re facing a domestic assault choking charge, you need immediate, experienced legal guidance. At Lichtman Law, we’ve defended countless clients in domestic violence cases across Ontario. We understand how to respond quickly, protect your rights, and build a defence that gets results.