Obstruction of Breathing New York

Charges of Criminal Obstruction of Breathing or Blood Circulation under New York Penal Law § 121.11 are serious criminal allegations that can lead to jail time, fines, and long-term personal and professional consequences. Although these charges frequently arise in domestic violence situations, they can also occur in disputes between friends, acquaintances, or strangers.

At the Law Offices of Matthew Cohan, we have extensive experience defending clients charged under New York's obstruction statutes. As a former prosecutor, I understand how these cases are investigated and prosecuted, and I know how to build strong defenses that protect your rights and your future.

What Is Criminal Obstruction of Breathing Under NY Penal Law § 121.11?

Under N.Y. Penal Law § 121.11, a person is guilty of Criminal Obstruction of Breathing or Blood Circulation when, with intent to impede the normal breathing or circulation of blood of another person, they:

• Apply pressure on the throat or neck of such person, OR
• Block the nose or mouth of such person

Key Points About § 121.11

Class A Misdemeanor: This is the most serious level of misdemeanor in New York, just below felony charges.

Intent Required: The prosecution must prove you intended to impede breathing or blood circulation. Accidental contact or actions with a different purpose may not satisfy the statute.

No Injury Required: Physical injury is NOT required for this charge. The act of impeding breathing alone, even briefly, satisfies the statute.

Commonly Charged in Domestic Disputes: While most cases arise from domestic violence situations, the law applies to any situation involving restricted breathing, including bar fights, arguments between friends, or altercations with strangers.

Elements the Prosecution Must Prove

To convict you under § 121.11, the district attorney must prove beyond a reasonable doubt:

1. You acted with intent to impede the normal breathing or circulation of blood of another person, AND
2. You applied pressure on the throat or neck of such person, OR you blocked the nose or mouth of such person

The critical element is intent. If your purpose was something other than impeding breathing (for example, stopping someone from yelling or preventing them from leaving), you may have a defense even if breathing was momentarily affected.

Penalties for Criminal Obstruction of Breathing

A conviction under § 121.11 can result in:

Criminal Penalties:

• Up to 1 year in jail
• Up to 3 years of probation
• Fines up to $1,000
• $395 surcharge
• Mandatory orders of protection in domestic violence cases

Collateral Consequences:

Beyond the criminal penalties, a conviction creates serious long-term problems:

Employment: A misdemeanor conviction for a violent offense appears on all background checks and makes employment difficult, particularly in healthcare, education, childcare, or positions of trust.

Professional Licenses: Nurses, teachers, doctors, lawyers, and other licensed professionals face disciplinary proceedings and potential license suspension or revocation.

Child Custody: Family courts view obstruction of breathing convictions as evidence of domestic violence, often resulting in restricted custody or supervised visitation.

Immigration: Non-U.S. citizens may face deportation or denial of citizenship applications for crimes involving domestic violence or moral turpitude.

Gun Rights: Any conviction results in restrictions on gun ownership.

Orders of Protection: Court-issued orders of protection can force you from your home and restrict contact with family members.

How These Charges Often Arise

Criminal Obstruction of Breathing charges typically occur in heated arguments where physical contact escalates. Common scenarios include:

• Domestic disputes where one person places hands on another's neck during an argument
• Covering someone's mouth to stop them from yelling or calling for help
• Bar fights or altercations where someone is placed in a chokehold
• Situations where someone prevents another person from leaving by blocking their mouth or applying pressure to their neck

In many cases, there are no visible injuries, no medical treatment sought, and the incident lasted only seconds. However, prosecutors still pursue these charges aggressively, particularly in domestic violence contexts.

Defending Against Criminal Obstruction of Breathing Charges

Because § 121.11 cases often occur during arguments with no witnesses other than the alleged victim, and because no injury is required, these charges frequently rest on one person's word against another's. An experienced defense attorney can challenge these cases through several strategies:

False Accusations: Unfortunately, false accusations are common in domestic disputes, custody battles, and situations where one party seeks tactical advantage. We thoroughly investigate the circumstances to expose inconsistencies, motives to lie, and prior false allegations.

Lack of Intent: If your intent was not to impede breathing (for example, you covered someone's mouth to stop them from yelling, not to prevent breathing), you have not committed this offense. We work to establish what your actual intent was and why the prosecution cannot prove criminal intent beyond a reasonable doubt.

Self-Defense: If you were protecting yourself from imminent physical harm, self-defense is a complete defense. We investigate to establish that you reasonably believed force was necessary and used only reasonable force to protect yourself.

Exaggeration or Misinterpretation: Physical contact during an argument doesn't automatically constitute obstruction of breathing. We challenge exaggerated accounts and highlight inconsistencies in the alleged victim's statements.

At the Law Offices of Matthew Cohan, we investigate the evidence thoroughly, including medical records (if any), witness statements, text messages, 911 calls, and body camera footage to challenge the prosecution's claims and protect your rights.

The Medical or Dental Purpose Defense

New York Penal Law § 121.14 provides an affirmative defense if the conduct was performed for a valid medical or dental purpose. While this rarely applies to typical domestic violence cases, it protects medical professionals and others whose actions are necessary for legitimate healthcare purposes.

Why Criminal Obstruction Cases Are Defensible

Unlike many crimes, Criminal Obstruction of Breathing charges often come down to credibility battles with no corroborating evidence. When there are no injuries, no witnesses, and no video evidence, the prosecution's entire case may rest on the alleged victim's testimony. This creates significant opportunities for defense.

Additionally, the intent requirement provides another avenue for defense. Many people charged under § 121.11 never intended to impede breathing at all. They may have been trying to quiet someone, prevent them from leaving, or defend themselves from attack. Without proof of the specific intent to impede breathing or circulation, the prosecution cannot sustain a conviction.

Related Offenses and Escalating Charges

It's important to understand that prosecutors often charge Criminal Obstruction of Breathing alongside more serious offenses:

Strangulation in the Second Degree (§ 121.12): Class D violent felony charged when the obstruction causes stupor, loss of consciousness, or any physical injury or impairment.

Strangulation in the First Degree (§ 121.13): Class C violent felony charged when the obstruction causes serious physical injury.

Assault in the Third Degree (§ 120.00): Class A misdemeanor charged when physical injury occurs.

Assault in the Second Degree (§ 120.05): Class D felony charged when serious physical injury occurs or a dangerous instrument is used.

An experienced attorney can often negotiate reductions from felony strangulation charges down to the misdemeanor § 121.11 charge, or from § 121.11 down to a violation or dismissal.

Why Choose the Law Offices of Matthew Cohan

Criminal Obstruction of Breathing cases require aggressive defense by an attorney who understands both the law and prosecution tactics. When you hire our firm, you get:

Former Prosecutor Experience: As a former prosecutor, Attorney Matthew Cohan handled numerous obstruction and domestic violence cases from the prosecution side. This insider knowledge is invaluable in identifying weaknesses and negotiating favorable outcomes.

Understanding of Domestic Violence Dynamics: We recognize that domestic violence cases are complex and often involve false or exaggerated allegations. We approach each case with sensitivity while fighting aggressively to protect your rights.

Proven Track Record: We have successfully defended clients against § 121.11 charges, securing dismissals, reductions to violations, and acquittals.

Personalized Attention: You'll work directly with an experienced attorney who knows your case inside and out.

The Importance of Acting Immediately

If you've been charged with Criminal Obstruction of Breathing, time is critical. Early intervention by an experienced attorney can:

• Prevent you from making statements to police that can be used against you
• Preserve crucial evidence including text messages and witness statements
• Challenge orders of protection or negotiate less restrictive terms
• Begin building your defense before prosecutors solidify their case
• Potentially negotiate a reduction or dismissal before formal charges are filed

Many people make the mistake of waiting to hire an attorney or believing they can explain their way out of the charges. By the time they seek legal help, critical opportunities have been lost.

Contact the Law Offices of Matthew Cohan Today

If you've been charged with Criminal Obstruction of Breathing or Blood Circulation under § 121.11 or any related offense anywhere in New York, don't wait another day to protect your future.

Call (516) 375-1107 now or complete our contact form below for a free, confidential consultation.