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Last Updated on: 27th July 2023, 04:33 pm
Allegations of strangulation in the first degree can completely upend your life. But an experienced criminal defense lawyer can often get charges reduced or dismissed.
In this comprehensive guide, you’ll learn:
Let’s start by making sense of the charges…
Under Penal Law § 121.13, a person is guilty of strangulation in the first degree when:
– They intentionally impede breathing or circulation by applying pressure on the throat or neck of another person
– This causes serious physical injury or death
Strangulation in the first degree is a Class C felony, carrying potential imprisonment up to 15 years.
The key things to understand are:
– It involves intentional and unlawful use of force
– The victim incurred substantial bodily harm
– Any death resulting counts as 1st degree manslaughter
But an experienced lawyer can raise doubts around intent, actions, injuries and more. Let’s explore some common defenses…
While prosecutors must prove all elements beyond reasonable doubt, defense attorneys can fight the charges by:
– Questioning credibility of witnesses/accusers if inconsistencies exist
– Disproving intent to cause harm vs reckless behavior
– Alleging actions were self-defense or accidental
– Contesting the extent of physical injuries resulting
– Challenging claims you were the actual perpetrator
– Leveraging lack of criminal history and positive character
– Negotiating plea deals to lesser charges like harassment
The right legal strategy can exploit these openings to get charges dropped or reduced. But it takes an experienced NY defense lawyer to craft a winning gameplan.
Because stakes are high, you need a lawyer specifically skilled in defending NY strangulation charges. Seek these credentials:
– Knowledge of New York Assault Law – Deep familiarity with NY penal code related to degrees of assault.
– Trial Experience – Litigation skills and comfort taking cases to court when needed.
– Negotiation Ability – Proven record of getting charges dismissed fully or pleading down through deals.
– Case Investigation – Willingness to thoroughly examine case details to strengthen your defense.
– Client Rapport– Ability to reassure anxious clients and provide excellent communication.
– Tenacity – Won’t back down from holding accusers accountable when allegations seem exaggerated or false.
– Local Reputation – Well respected by prosecutors and judges in the New York court system.
Vet any potential counsel thoroughly on these points before committing your case. Your freedom is on the line.
When meeting with lawyers, ask tough questions like:
– How many years have you been practicing defense law and how many strangulation cases have you handled?
– What are some of the most effective strategies you use to get these charges dismissed for clients?
– Are you willing to take my strangulation case to trial if we can’t reach a favorable plea agreement?
– What percentage of your strangulation cases end up settled vs going to court?
– Can you share examples of successful case results you achieved for past clients facing strangulation charges?
– If I have urgent needs or questions during my case, what is the fastest I can expect a response?
– Based on what I shared, where do you see weaknesses in the prosecutor’s case we can challenge?
Listen carefully to their responses to determine if they have the right skills and commitment needed to win.
Here are key reasons an excellent attorney is worth investing in:
– Better Defense Strategy – Their expertise leads to better case outcomes when involved early.
– Reduced Penalties – Even if charges aren’t dropped, they negotiate lower sentences through plea deals.
– Peace of Mind – You can breathe easier knowing your case is in competent hands.
– Case Preparation – Meticulous trial prep gives you the best chance of winning if needed.
– Avoiding Mistakes – They prevent you from legal missteps due to inexperience.
– Negotiation Skills – Their excellence negotiating plea deals results in much reduced charges.
– Local Experience – Their familiarity with NY courts leads to better results.
Don’t gamble with your future. The right lawyer makes all the difference.
Strangulation charges shouldn’t be taken lightly. But defending yourself proactively with an excellent attorney levels the playing field. It provides hope of getting charges dropped or reduced so you can move forward.
I encourage you to reach out 24/7 for urgent case review and counseling if you are facing allegations. Swift action improves the chances of favorable resolution.
With decades of experience beating strangulation charges, my firm can provide trusted advice tailored to the nuances of your situation. Let’s start crafting your winning defense today. Your future is too important to leave to chance.
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