What the offence covers
At its core, this offence is intentionally applying pressure to someone's neck or throat, or blocking their airway, without consent. In practice that can include hands or an arm around the neck, pressing something over the face, blocking the mouth or nose, or using a ligature — anything that restricts breathing or makes someone feel unable to breathe.
Why it's treated so seriously
Parliaments and courts have made this a distinct, serious offence for good reasons:
- It's one of the strongest known warning signs that violence in a relationship may become lethal.
- It can cause internal injury — even brain injury — with no marks on the skin.
- It often leaves lasting fear and trauma for the person involved.
How a charge usually starts
Police may lay a choking charge after:
- A report from the person, or an emergency call
- Medical evidence — even where there are no bruises
- Witness accounts or CCTV
- Signs of breathlessness or trauma found on examination
A choking charge can stand on its own, or be laid alongside others — such as actual bodily harm, a domestic violence charge, intimidation, or deprivation of liberty.
The court process
These are indictable offences — the District or County Court hears the serious matters, with the Magistrates' Court handling early appearances and bail. The usual path:
- First appearance — a plea is entered.
- Disclosure of evidence — the case against you is set out.
- Committal hearing or trial.
- Sentencing — based on severity, intent, any harm, and history.
Courts treat it more seriously where it was part of domestic abuse, where children were present, or where there have been repeated incidents or prior convictions.
What could happen where you are
Most states now have a dedicated section for this offence. Pick your state to see the law and the maximum.
Ways people defend it
Which of these can apply depends entirely on the facts and the evidence — a criminal lawyer can tell you which, if any, fit your situation.
- No intent — it wasn't deliberate
- Self-defence
- It was an accident — contact wasn't aimed at the throat
- Consent (rare, and often rejected in domestic cases)
- False accusation
- Mental impairment
Other charges in the assault family
This is general information, not legal advice. These laws and penalties vary by state, and every case turns on its own facts. If you've been charged or are under investigation, speak with a criminal lawyer or your state's Legal Aid service. If you're in danger, call 000.
