Tough New Law: Felony for Domestic Bullies

April 21, 2011
unionleader.com

If it seems that the newspaper is reporting more criminal cases of attempted strangulation recently, that is because we are. That is actually a good thing in one sense, because New Hampshire law has been changed to make this crime a Class B felony rather than a simple misdemeanor.

Misdemeanor-level crime rarely becomes a newsworthy event. Misdemeanors are a dime a dozen. But attempted strangulation is no small matter. It is literally an attempt to choke the life out of one's victim. It is a frightening, terrible tool of domestic violence, applied by bullies and too often paid little heed by overworked law enforcement agencies.

It led up to the murder of Missy Charbonneau in Manchester last year. Her husband had attempted to strangle her but a misdemeanor charge let him free to ignore a restraining order and kill her.

Attempted strangulation, said Rochester Police Detective Bob Frechette, "is an up-close and personal type of assault"that makes victims feel helpless and sends the messsage that the abuser can and will kill.

Frechette, who advocated for the change in the law, said "It's a very, very powerful thing and it's a warning sign to law enforcement that situations could escalate."

Judge Martha Crocker cited the new law in Milford this week in continuing to hold a Lyndeborough man on $5,000 cash bail rather than to be released on his own recognizance.

"I think the Legislature has spoken quite clearly on how we are to consider these offenses," said the judge.

We think so, too. We just wish the lawmakers and law enforcers would be clearer in their terms. In our dictionary, "strangle" has always meant to kill. "Attempted strangulation" is what the new felony law addresses. It is a serious crime in its own right and should be recognized as such.