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Last Updated on: 15th October 2023, 01:11 pm
Strangulation is a serious crime in New York that can lead to felony charges and significant jail time. New York Penal Law §121.13 covers strangulation in the first degree, which is the most serious strangulation offense under New York law. This article will provide an overview of the law, penalties, and defenses.
Strangulation first degree occurs when someone commits criminal obstruction of breathing or blood circulation against another person, and causes serious physical injury as a result.
To break it down:
So strangulation first degree is choking someone in a way that blocks their breathing or blood flow, and causes really serious injury or death.
For a strangulation first degree conviction, prosecutors have to prove these elements beyond a reasonable doubt:
The injury has to go beyond just a minor bruise or cut – it must be something with long-term or life-threatening effects like brain damage, permanent scarring, or organ failure.
Strangulation first degree is a Class C felony in New York. Here are the potential penalties:
So even a minimum sentence means years behind bars. These are very serious consequences.
Some possible defenses to fight a strangulation first degree charge include:
An experienced criminal defense attorney can evaluate the evidence and determine the best defense strategy for your specific case.
Strangulation often occurs in domestic violence situations. If that’s the case, there may be additional penalties like mandatory domestic violence counseling, or orders of protection prohibiting contact with the victim.
Violating an order of protection leads to additional charges and possibly pre-trial detention. It’s critical to avoid any violation.
Facing criminal charges is extremely serious, so don’t go through it alone. Hire an experienced criminal defense lawyer to protect your rights. A knowledgeable attorney can argue to get charges reduced or dismissed, pursue defenses, and negotiate better outcomes. Without proper representation, the consequences could follow you for life. Don’t leave your future to chance – get legal help now.
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