A criminal obstruction of breathing or blood circulation is a Class A misdemeanor that carries a sentence of up to one year imprisonment. You can be charged if you applied pressure on the victim’s neck or throat, or if you blocked that person’s nose or mouth intentionally. Anyone convicted of the charge is required to submit a DNA sample to the state databank.
In New York, 83% of all arrests or 1,660 arrests were for criminal obstruction of breathing or blood circulation.
Linked to Domestic Violence Charges
A Criminal obstruction of breathing or blood circulation charge requires no evidence of physical injury, which means the word of the victim is often the only evidence. The accuser may exaggerate the charges, especially if this is influenced by an impending divorce or child custody hearing, or simply revenge. In these cases, it is important to hire an attorney experienced in handling domestic violence charges.
In Suffolk County, such cases are also categorized as a domestic violence charge or spousal abuse.
Defenses for a Criminal Obstruction of Breathing or Blood Circulation Charge
The vital element of the charge is intent. If your intent, for instance, was to simply silence a yelling person as you were in an intense argument, then your intent was not to obstruct their breathing when you put your hand on their mouth. A criminal defense lawyer must conduct a thorough analysis or assessment of the case.
In most cases, you can argue that the offense did not actually happen, but your lawyer must investigate and provide the court with any reason that might have caused the victim to make false or exaggerated allegations. It’s also important to find medical records, information on past difficulties between you and the victim, and even 911 calls, as these can help you and your lawyer formulate solid defense arguments.
Call today to schedule your free 15-minute consultation. In addition to developing a solid defense strategy, I will offer counsel during law enforcement questioning and become acquainted with the facts of the case. I will fight for your rights. 516.399.0233
