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New York Strangulation and Criminal Obstruction of Breathing Charges Explained
By Spodek Law Group |
May 16, 2023
Last Updated on: 26th July 2023, 10:55 pm
A Comprehensive Guide to Understanding New York Strangulation and Criminal Obstruction of Breathing Charges
If you or a loved one are facing criminal charges related to strangulation or obstruction of breathing, it’s crucial to have a comprehensive understanding of the charges, penalties, and potential defenses. In November 2010, New York made significant changes to the penal law, expanding the definition of these crimes and increasing penalties. Today, we’ll explore the details of these charges and how they may apply to your specific situation.
New York Strangulation and Obstruction of Breathing Charges: A Brief History
Before November 2010, choking or applying pressure to someone’s neck without causing injury was considered a harassment violation, not a crime. This was because even the least serious assault charge – Assault 3 (a Class “A” Misdemeanor) required injury. The changes to the New York penal law now criminalize the application of pressure to someone’s throat or neck with the intent to impede normal breathing or circulation of blood.
Understanding the Three Different Levels of Charges
New York has three separate charges related to strangulation and obstruction of breathing:
- Criminal Obstruction of Breathing or Blood Circulation (PL 121.11)
- Strangulation in the First Degree (PL 121.13)
- Strangulation in the Second Degree (PL 121.12)
Although Strangulation in the Second Degree is a lesser included offense of Strangulation in the First Degree, Criminal Obstruction of Breathing or Blood Circulation is not a lesser included offense of Strangulation in the Second Degree.
Criminal Obstruction of Breathing or Blood Circulation (PL 121.11)
An individual is guilty of Criminal Obstruction of Breathing or Blood Circulation when they:
- Intentionally apply pressure to the throat or neck of another person, OR
- Intentionally block the nose or mouth of another person.
Penalties and Sentencing for Criminal Obstruction of Breathing or Blood Circulation
This charge is considered a Class A misdemeanor, punishable by up to 1 year in prison or up to 3 years probation. However, many cases result in a plea or resolutions with time served, conditional or unconditional discharge. In some cases, the district attorney may require completion of a batterers intervention program.
Strangulation in the Second Degree (PL 121.12)
An individual is guilty of Strangulation in the Second Degree when they:
- Commit the crime of Criminal Obstruction of Breathing or Blood Circulation, AND
- Cause stupor, loss of consciousness, or any other physical injury or impairment to another person as a result.
Penalties and Sentencing for Strangulation in the Second Degree
Generally considered as a Class D Violent Felony, Strangulation in the Second Degree carries a punishment of 2 – 7 years in prison. Under specific circumstances, such as mitigating factors, the punishment may be probation or a determinate sentence of a year or less.
Strangulation in the First Degree (PL 121.13)
An individual is guilty of Strangulation in the First Degree when they:
- Commit the crime of Criminal Obstruction of Breathing or Blood Circulation, AND
- Cause a serious physical injury to the victim.
Penalties and Sentencing for Strangulation in the First Degree
This charge is considered a Class C Violent Felony, carrying a punishment of 3.5 to 15 years in prison. Neither probation nor a determinate sentence of a year or less are permitted sentences for this charge.
Defenses and Frequently Related Charges
It’s important to know the available defenses and charges often associated with strangulation and obstruction of breathing cases. The affirmative defense of a valid medical or dental purpose, as outlined in Penal Law Sections 121.11, 121.12, and 121.13, can help argue that the conduct occurred for a legitimate reason.
Additionally, charges often accompanying strangulation and obstruction of breathing charges include:
- New York Assault Charges
- New York Menacing Charges
- New York Harassment Charges
- New York Aggravated Harassment Charges
Contact Top-Rated Criminal Defense Attorneys for Your New York Strangulation Case
When facing serious charges like strangulation and obstruction of breathing, you need experienced criminal defense counsel on your side. Our former prosecutor attorneys have the experience required to handle these cases effectively. Call us today at 212-729-9494 or contact us online for a free initial consultation.
New York Strangulation and Criminal Obstruction of Breathing Charges Explained
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