Non-fatal strangulation (NFS) is an extremely dangerous type of physical violence that signals a survivor is at extreme risk of being seriously injured or killed by their abusive partner. Attorneys who represent criminalized survivors on post-conviction claims should investigate NFS even when there is no evidence of it in the trial record. If such evidence was available but not presented, this may give rise to a post-conviction claim of ineffective assistance of counsel. NFS evidence may also support various elements of survivor’s post-conviction resentencing petition under “survivor justice” resentencing laws.

This memorandum excerpts selected literature on strangulation in IPV. This resource is intended for defense attorneys and others involved in the representation of criminalized survivors.