Strangulation New York

Being charged with strangulation or obstruction of breathing in New York is extremely serious. These charges carry severe penalties ranging from up to one year in jail for a misdemeanor to 15 years in prison for the most serious felony. Even more concerning, prosecutors and judges treat these cases with heightened severity, particularly when they arise from domestic violence situations.

At the Law Offices of Matthew Cohan, we have extensive experience defending clients against all levels of strangulation charges throughout New York. 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.

Understanding New York's Strangulation Laws

New York recognizes three distinct offenses involving the obstruction of breathing or blood circulation. Each carries different elements and increasingly severe penalties.

1. Criminal Obstruction of Breathing or Blood Circulation (Penal Law § 121.11)

Class A Misdemeanor

A person commits this offense when they intentionally impede someone's breathing or circulation by:

• Applying pressure to the throat or neck
• Blocking the nose or mouth
• Applying pressure to the chest

Key Characteristics:

• No physical injury is required
• Intent to impede breathing or circulation must be proven
• Often charged in domestic disputes but applies to any situation
• Punishable by up to 1 year in jail

Penalties:

• Up to 1 year in jail
• 3 years of probation
• Fines
• Mandatory order of protection
• Criminal record

2. Strangulation in the Second Degree (Penal Law § 121.12)

Class D Violent Felony

This offense occurs when a person commits criminal obstruction of breathing (as defined in § 121.11) and thereby causes:

• Stupor
• Loss of consciousness for any period of time, OR
• Any other physical injury or impairment

The statute requires that the defendant committed the crime of criminal obstruction of breathing or blood circulation and thereby caused stupor, loss of consciousness for any period of time, or any other physical injury or impairment.

Penalties:

• 2 to 7 years in prison (mandatory minimum 2 years as a violent felony)
• In some cases with mitigating circumstances, probation or a sentence of 1 year or less may be possible
• Fines up to $5,000
• Mandatory orders of protection
• Permanent felony record
• Severe collateral consequences including employment and child custody implications

3. Strangulation in the First Degree (Penal Law § 121.13)

Class C Violent Felony

This is the most serious strangulation offense in New York. A person is guilty when they commit criminal obstruction of breathing (as defined in § 121.11) and thereby cause serious physical injury to the victim.

"Serious physical injury" is defined under New York Penal Code § 10.10(10) as an injury that results in protracted disfigurement, causes death, or presents a significant risk of death. This requires much more than bruises or minor pain.

Penalties:

• Minimum 3.5 years in prison, maximum 15 years
• Probation is NOT an option for this violent felony
• Mandatory post-release supervision
• Permanent violent felony record with devastating consequences

Why Prosecutors Take These Cases So Seriously

Prosecutors in New York City are very aggressive when dealing with cases involving allegations of obstruction of breathing or strangulation because unlike an assault which often causes pain or injury to soft tissue, strangulation or obstruction of breathing can kill, seriously injure, or psychologically injure the victim. The human brain can start to die if deprived of oxygen for only 4 to 5 minutes.

These charges are prosecuted aggressively even when:

• No visible injuries are present
• The alleged victim wants to drop charges
• The incident was brief or involved minimal contact
• There's a history of mutual conflict between the parties

In domestic violence cases, orders of protection are routinely issued, and prosecutors often refuse to negotiate reduced charges even for first-time offenders.

Collateral Consequences Beyond Criminal Penalties

A conviction for any strangulation offense creates lifelong obstacles:

Employment: Violent felony convictions make employment extremely difficult, particularly in healthcare, education, finance, or any position requiring trust or background checks.

Professional Licenses: Nurses, teachers, lawyers, and other licensed professionals face automatic disciplinary proceedings and likely license revocation.

Immigration: Non-U.S. citizens face mandatory deportation for violent felony convictions. Even misdemeanor convictions can trigger removal proceedings.

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

Housing: Landlords routinely deny rental applications from individuals with violent crime convictions.

Gun Rights: Any conviction results in permanent loss of gun ownership rights.

Orders of Protection: Court-issued orders of protection can force you from your home, restrict contact with family members, and remain in effect for years.

Strong Defenses to Strangulation Charges

Strangulation cases often rely on the alleged victim's testimony and subjective interpretations of physical evidence. An experienced defense attorney can challenge these cases through several strategies:

False Allegations: Unfortunately, false accusations are common in domestic disputes, particularly during custody battles, divorce proceedings, or when one party seeks tactical advantage in Family Court. We carefully investigate the circumstances surrounding the allegations to expose inconsistencies and motives to fabricate.

Lack of Intent: The prosecution must prove you intended to impede breathing or circulation. Accidental contact during an argument or defensive actions that incidentally affected breathing may not constitute criminal conduct.

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

Insufficient Evidence: The prosecution bears the burden of proving every element beyond a reasonable doubt. We challenge weak medical evidence, inconsistent witness testimony, and gaps in the prosecution's case to create reasonable doubt.

At the Law Offices of Matthew Cohan, we analyze every detail of your case, including medical evaluations, photographs, text messages, recordings, witness statements, and 911 calls to build the strongest possible defense.

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 cases, it protects medical professionals and others whose actions are necessary for legitimate healthcare purposes.

Why Choose the Law Offices of Matthew Cohan

Strangulation cases require aggressive defense by an attorney who understands both the law and the prosecution's tactics. When you hire our firm, you get:

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

Understanding of Domestic Violence Dynamics: We recognize that domestic violence cases are complex, emotionally charged, 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 strangulation charges, securing dismissals, reductions to non-criminal violations, and acquittals at trial.

Comprehensive Investigation: We don't rely on the prosecution's version of events. We conduct independent investigations, interview witnesses, obtain medical records, and preserve evidence that supports your defense.

Trial Experience: When negotiation fails to achieve an acceptable result, we're fully prepared to take your case to trial and fight for acquittal.

The Importance of Acting Immediately

If you've been arrested for strangulation or 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, recordings, and witness statements
• Challenge orders of protection or negotiate less restrictive terms
• Begin building your defense before prosecutors solidify their case
• Potentially prevent felony charges from being 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 (§ 121.11), Strangulation in the Second Degree (§ 121.12), Strangulation in the First Degree (§ 121.13), 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.

We represent clients throughout New York City, Long Island, Nassau County, Suffolk County, and surrounding areas. Don't let a strangulation charge destroy your life. Let us fight for you.