In a single-family home, a fight among family members ends with a daughter choking her mother; which offense best applies?

• A. Assault 3rd
• B. Domestic Battery
• C. Attempted Murder
• D. Strangulation 2nd

Answer: (D)

Non-fatal strangulation is treated as a distinct offense because deliberately choking someone creates a serious risk of death or severe harm, beyond what a generic assault or battery covers. In this scenario, a daughter intentionally chokes her mother during a family fight, which centers on the act of constricting the neck to impede breathing or blood flow. That specific method makes the charge fall under strangulation, not just simple assault or domestic battery. The second-degree designation usually covers non-lethal but highly dangerous strangulation, reflecting the intent and the method without requiring death or an attempt to kill. An attempted murder charge would require clear intent to kill and a plan to bring about death, which isn’t indicated here. Domestic battery involves harm within a domestic relationship, but strangulation is a more precise, heavier charge when the act is choking. So the best-fit offense is strangulation in the second degree.