Strangulation and Criminal Obstruction of Breathing

Strangulation and criminal obstruction of breathing encompasses all of the strangulation laws for the state of New York. If an individual is charged with any crime relating to the strangulation of another person, the charges will fall under this category. David Galison has worked in this area of New York criminal law and will be proud to put his knowledge and experience to work for your defense if you have been charged with one of these serious crimes.

The least severe charge in this area of law is criminal obstruction of breathing. This crime is a class A misdemeanor and can be punishable by up to one year in prison. The law states that when a person “intends to impede the normal breathing of a victim or the circulation of that person’s blood”, they have committed criminal obstruction of breathing. This must be done by either applying pressure on the person’s neck and throat, or by blocking that person’s nose or mouth.

A more serious charge is strangulation in the second degree. For this charge, the same definition from above applies, but additionally the person must -

  • Cause the victim to lose consciousness
  • Cause a stupor
  • Cause any type of physical injury or imparement

Strangulation in the second degree is a class D felony, punishable by up to 7 years in prison. At the top of the scale is strangulation in the first degree. This charge is the same as second degree strangulation, with the exception that the victim must suffer serious physical injury. Lasting health damage caused by the incident will bring cause to charge the accused with first degree strangulation. This is a class C felony, and can be punished by up to fifteen years in prison.

Strangulation is a very serious charge that can carry significant jail time if you are convicted. In order to put up your defense in court, contact our office today for a free consultation at 516-242-4477. We look forward to hearing from you and putting our experience to work for your best interest.