Understanding New York Strangulation Charges
New York Strangulation charges became a part of the Penal Law in November 2010. Prior to November 2010, choking or applying pressure to someone’s neck without causing injury was a Harassment violation and not a crime. That is because even the least serious assault charge – Assault 3 (a Class “A” Misdemeanor) requires injury. New York Strangulation and Criminal Obstruction of Breathing charges criminalize the application of pressure to someone’s throat or neck with intent to impede normal breathing or circulation of blood.
New York has three different Criminal Obstruction of Breathing and Strangulation charges. They are:
- Criminal Obstruction of Breathing or Blood Circulation (PL 121.11)
- Strangulation in the First Degree (PL 121.13)
- Strangulation in the Second Degree (PL 121.12)
Although Strangulation in the Second Degree is a lesser included offense of Strangulation in the First Degree, Criminal Obstruction of Breathing or Blood Circulation is not a lesser included offense of Strangulation in the Second Degree. People v. Pietoso 168 A.D.3d 1276 (2019).
Criminal Obstruction of Breathing or Blood Circulation (PL 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 the blood of another person, he or she:
- Applies pressure on the throat or neck of such person; OR
- Blocks the nose or mouth of such person.
Penalties and Sentencing for Criminal Obstruction of Breathing or Blood Circulation
Criminal Obstruction of Breathing or Blood Circulation is a Class A misdemeanor. As such, this charge is punishable by up to 1 year in prison, or up to 3 years’ probation. However, practically speaking, Criminal Obstruction of Breathing may be resolved with a plea to time served, conditional discharge or an unconditional discharge.
The district attorney may also require that you complete a batterers intervention program as part of your plea to New York Criminal Obstruction of Breathing or Blood Circulation charge.
Strangulation in the Second Degree (PL 121.12)
A person is guilty of Strangulation in the Second Degree when he or she:
- Commits the crime of Criminal Obstruction of Breathing or Blood Circulation, as defined in section 121.11 of this article, AND
- Thereby causes stupor, loss of consciousness for any period of time, OR any other physical injury or impairment.
Penalties and Sentencing for Strangulation in the Second Degree
New York Strangulation in the Second Degree is a Class D Felony. As such, this charge is punishable by 2 – 7 years in prison. If there are mitigating circumstances, Strangulation in the Second Degree can be punishable by probation, or a determinate sentence of 1 year or less.
Strangulation in the Second Degree as a Hate Crime
New York Strangulation in the Second Degree is a Hate Crime Specified Offense, as that term is defined in New York Penal Law Section 485. So if New York Strangulation in the Second Degree is charged as a Hate Crime, it is a Class C Violent Felony.
Under New York Law, a Class C Violent Felony is punishable by 3.5 to 15 years in prison. If Strangulation in the Second Degree is charged as a Hate Crime, neither probation nor a determinate sentence of less than 1 year are possible sentences.
Strangulation in the First Degree (PL 121.13)
A person is guilty of Strangulation in the First Degree when he or she:
- Commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, AND
- Thereby causes serious physical injury to such other person.
Penalties and Sentencing for Strangulation in the First Degree
Strangulation in the First Degree is a Class C Violent Felony. As such, this charge is punishable by 3.5 to 15 years in prison. Probation or a determinate sentence of a year or less are not permitted sentences on this New York Strangulation charge.
Strangulation in the First Degree as a Hate Crime
Strangulation in the First Degree can also be charged as a hate crime under Section 485 of the New York Penal Law. When New York Strangulation in the First Degree is charged as a Hate Crime, it is a Class B Violent Felony. In that case, this charge is punishable by 5 to 25 years in prison.
Defenses to New York Strangulation Charges
Medical or Dental Purpose (PL 121.14)
It is an affirmative defense to Strangulation and Criminal Obstruction of Breathing or Circulation charges (Penal Law Sections 121.11, 121.12, and 121.13) that the conduct was performed for a valid medical or dental purpose. This defense may be raised by the defendant or by the people in response to evidence that constitutes an offense under this article.
Self-Defense
If you were acting in self-defense or defending someone else, that is a valid defense to New York Strangulation charges. In order for this defense to be successful, it must be shown that you believed that physical force was necessary and used only what was reasonably necessary to protect yourself or another person from imminent physical harm. Additionally, you cannot have been the initial aggressor in the situation.
False Allegations/Mistaken Identity
In some cases, individuals are falsely accused of strangulation or mistaken for someone else who committed the crime. A strong defense strategy can be built around disproving the allegations and showing that you were not present at the time of the incident.
Charges Relating to New York Strangulation or Criminal Obstruction of Breathing
Frequently New York Strangulation or Criminal Obstruction of Breathing charges are charged with:
- New York Assault Charges
- New York Menacing Charges
- New York Harassment Charges
- New York Aggravated Harassment Charges
New York Strangulation Charges vs. Assault
The legal distinction between New York strangulation charges and assault charges creates critical differences for defendants facing either accusation. The primary difference lies in the intent requirement: strangulation requires “intent to impede normal breathing or blood circulation,” while assault requires “intent to cause physical injury.”
Unlike assault charges, criminal obstruction of breathing (PL 121.11) does not require any physical injury to constitute a Class A misdemeanor. This significant distinction means that defendants can face criminal charges for applying pressure to another person’s throat without causing substantial pain or visible marks that would be required for an assault conviction.
The penalty structure also differs markedly. While Assault in the Third Degree is a Class A misdemeanor (similar to Criminal Obstruction of Breathing), strangulation quickly escalates to felony charges. Strangulation in the Second Degree becomes a Class D felony with merely “stupor” or “any physical injury,” whereas comparable Second Degree Assault requires “serious physical injury” or use of a weapon to reach felony status.
Defense strategies must address these differences. While an assault defense might focus on disproving physical injury, a strangulation defense may need to challenge the alleged intent to impede breathing, even when physical contact is undisputed. This makes understanding the specific elements of each charge crucial for defendants seeking the most favorable outcome in domestic violence cases.
Contact Knowledgeable Criminal Defense Attorneys for your New York Strangulation Case
If you have been charged with a New York Strangulation offense or Criminal Obstruction of Breathing or Blood Circulation, you need experienced and aggressive legal representation. The consequences of being convicted of these serious crimes can be life-altering. Your liberty is at stake. It is important to find a criminal defense attorney who will fight for your rights and vigorously defend you in court.
At our law firm, we have successfully defended clients against New York Strangulation charges by raising defenses such as lack of intent or self-defense. Our knowledgeable and skilled attorneys have obtained dismissals, acquittals, and reduced charges for clients facing these accusations.
We understand that each case is unique and requires individualized attention. We will thoroughly review the facts and evidence of your case and craft a strong defense strategy on your behalf. We will fight to cast reasonable doubt on the prosecution’s case and protect your rights throughout the legal process.
If you or a loved one is facing a New York Strangulation charge, do not hesitate to call us at 646-956-2035 or contact us online for a consultation. Our experienced criminal defense attorneys are available to represent clients throughout New York City in all types of domestic violence and serious crime cases. Let us put our knowledge, experience, and resources to work for you and help you achieve the most favorable outcome in your case.