Last Updated on: 28th July 2023, 07:23 pm

Facing Charges Under NY Penal Law § 121.12? How to Find the Best Defense

Strangulation allegations are nothing to take lightly in New York. Under Penal Law § 121.12, a second degree strangulation conviction carries hefty criminal penalties of up to 7 years in prison.

But an experienced criminal defense lawyer knows how to systematically dismantle questionable strangulation cases pre-trial. And if necessary, they have the trial skills to win acquittal before a jury when the facts justify fighting on.

If you or someone you love now faces prosecution under NYPL § 121.12, here’s guidance on identifying attorneys with the record and expertise to win:

Hire Ex-Prosecutors Intimately Familiar with These Charges

Former New York Assistant DAs or federal prosecutors understand exactly how the opposition develops strangulation cases, and where holes commonly emerge. This insider perspective allows predicting and preempting their prosecution strategies.

Ask if the lawyer served as a prosecutor in state or federal court. Also inquire if they handled strangulation or domestic violence cases specifically as a DA. That background becomes your advantage against current officials overreaching now.

Ex-prosecutors’ existing rapport with old colleagues still within the DA’s office also smooths negotiations. Prosecutors often show extra leniency dealing with a knowledgeable member of their former club.

Retain a Lawyer Well-Versed in New York Strangulation Laws

The complex web of statutes around assault, choking, strangulation, and domestic violence in New York can bewilder even veteran defense lawyers. Successfully defending § 121.12 allegations requires meticulous knowledge of associated criminal laws and court precedents.

Seek out counsel exhibiting command of the choking provisions relevant to the DA’s charges and indictment. Their mastery of overlapping stricture codes exposes weaknesses in application to your unique case.

Check their case results leveraging legislative intricacies to achieve pre-trial dismissals, acquittals at trial, and offense reductions. That degree of legal distinction makes a difference.

Choose a Lawyer Intimately Familiar with Defending § 121.12 Cases

While many NYC criminal defense attorneys take on some strangulation cases, relatively few specialize in regularly beating NYPL § 121.12 specifically. That niche experience yields critical insights and winning arguments more generalized lawyers would miss.

Ask lawyers directly how many past and recent § 121.12 cases they’ve handled. Look for dozens annually indicating substantial know-how with the intricacies of defeating allegations under the statute.

Their skills sharpened from constantly fighting the same charges produces better case outcomes. Subject matter expertise offers an invaluable edge.

Pick an Attorney Strong at Getting Charges Dismissed

Even where strangulation charges have some initial merit, skilled attorneys often uncover fatal defects as the case progresses, which compels dismissal. Don’t settle for counsel who won’t fight tooth and nail for pre-trial dismissal when it’s justified.

Probe the lawyer’s track record getting § 121.12 and other choking-related counts tossed before trial. Do they regularly secure dismissal by exposing evidentiary and procedural flaws? Dismissal likelihood indicates their aggressive advocacy.

Partial dismissal still benefits your leverage negotiating pleas or preparing for trial. Winning starts with whittling down unmerited allegations through dismissal motions.

Retain an Attorney Adept at Plea Negotiations

While dismissal remains the goal, having plea bargaining experts on your team also makes strategic sense. Even strong cases can deteriorate with effective counsel targeting weaknesses.

Ask about the lawyer’s strangulation plea deal track record. Are they known for negotiating substantial charge and sentencing concessions from prosecutors? Do clients avoid the worst outcomes? Artful pleaders work magic despite long odds.

Don’t leave critical pre-trial talks to attorneys unable to maneuver ruthless prosecutors. You need counsel able to win the opposition’s mercy when the evidence warrants it.

Find a Lawyer Eager to Go to Trial If Necessary

Of course, advancing flawed § 121.12 cases to trial provides the best opportunity for outright acquittal before a jury. Spurning plea deals has risks, but trying beatable cases allows truth to surface.

Ask about the lawyer’s strangulation trial win percentages. Do they regularly secure not guilty verdicts and acquittals when prosecutions overreach? Tenacious litigators fight until justice prevails.

While pleading makes sense for some defendants, forcing flawed allegations to be proven beyond reasonable doubt in court remains your ultimate defense. Demand a seasoned courtroom warrior.

Align with a Lawyer Willing to Visit Incarcerated Clients

Finding counsel near detained defendants often proves difficult. But critical case preparation requires visiting clients at their facility, not just phone calls.

Consider the lawyer’s location and willingness to travel to detention centers in the decision process. In-person meetings facilitate stronger rapport and communication than phone alone allows.

Of course, a lawyer’s skillset trumps sheer location convenience. But look for attorneys who demonstrate dedication through actions – making the long drive when needed shows commitment.

Review Online Ratings and Client Reviews

Checking client feedback about lawyers on sites like Google, Avvo and Facebook helps gauge their case-fighting tenacity, negotiation skills, and responsiveness.

The best attorneys solicit reviews to showcase their proven results defeating charges under § 121.12 and other strangulation laws through dismissals, acquittals, and charge reductions. Client praise validates their delivery.

Balance ratings against the reality that some clients will never be fully satisfied. But consistent rave reviews indicate positive experiences by numerous past clients.

Meet With Attorneys Before Committing

Never retain a criminal defense lawyer without first sitting down together in-person. These initial consultations allow you to:

Evaluate communication and responsiveness
Hear their case assessment and strategy based on the facts
Inquire about credentials, specialties and trial record
Discuss legal rates and fee structures
Interviewing multiple lawyers before deciding ensures selecting the best fit. So don’t stop at just one meeting.

Arrested Under NYPL § 121.12? The Right Lawyer Can Defend You.

Facing devastating strangulation charges understandably fuels fear. But with an elite NYC criminal defense lawyer in your corner, beating these allegations falls well within reach.

Here at Spodek Law Group, dismantling questionable strangulation cases is our specialty. Founding attorney Todd Spodek draws on 30+ years steering clients toward dismissal, acquittal, or lenient pleas even amid long odds. He’s New York’s most feared litigator.

Mr. Spodek also boasts the state’s top private investigators. They’ll work tirelessly tracking down any witness or evidence proving your innocence. And our team provides access to renowned forensic experts to debunk the DA’s claims.

Don’t try overcoming frightening strangulation accusations alone against the system’s daunting power. Contact Spodek Law Group immediately online or call 212-300-5196 for dedicated counsel. The sooner we start building your winning defense, the greater your advantage grows.

With Mr. Spodek directing your defense, victory remains firmly within sight. Let’s beat this together.