Strangulation

New York’s “choking law” was signed and added to the New York Penal Code under §121.12 in November 2010. According to this new law, choking someone with the intention of impeding their blood flow or halting their ability to breathe, to the point of making the person unconscious or causing physical injury, is a felony offense.

The Choking Law as a Middle Ground

In almost every assault charge, the previous law requires that the victim suffers physical injury to merit a conviction, but victims of strangulation often do not show injuries. The assault statute in this case is therefore not applicable.

Prosecutors were stuck between charging Attempted Assault in the Third Degree or Attempted Murder (the former is simply a misdemeanor charge punishable by up to three months in jail, while the latter is punishable by up to 25 years). There was no middle ground.

The new strangulation law came into existence because of the advocacy against domestic violence. Advocates argued that during a domestic dispute, if strangling took place, the person who committed strangulation could only be charged with a misdemeanor if the choking didn’t result in death.

There are three degrees of Strangulation:

1. Criminal Obstruction of Breathing or Blood Circulation (Class A misdemeanor) – with intent to impede the normal breathing or blood circulation; punishable by up to one year in jail.
2. Strangulation in the Second Degree (Class D felony) – the victim loses consciousness or sustains physical injury or impairment; punishable by up to seven years of imprisonment.
3. Strangulation in the First Degree (Class C felony) – the victim sustains serious physical injury; punishable by up to 15 years in jail.

Criminal Defense Lawyer, Former DV Prosecutor

If you’ve been charged with strangulation in New York, you’re likely facing serious penalties and a permanent criminal record. You need a criminal defense lawyer who can fight for your case – and that’s me, Olivier E. Roche, Esq.

I am a former domestic violence prosecutor, which means I know the criminal justice system from both sides. I know the judges, ADAs,  Bureau Chiefs and many of the outside agency that may play a role in your cae. This knowledge is invaluable to securing the best possible outcome for you. In short, I know all about the ins and the outs of domestic violence issues.

Call today to schedule a consultation. 516.399.0233