New York’s “choking law” was signed into law in 2010 in an effort to focus in on an abusive action that was difficult to prosecute under existing statutes. If you are charged under this strangulation law you are facing serious penalties and a lifelong label as a convicted criminal. Contact our offices today to begin preparing your case.
Choking is a crime most commonly associated with domestic violence. In the first several weeks of this law becoming active in the state, thousands of arrests were made, the majority of which were for young men who perpetrated against young women.
Because strangulation has the potential to be fatal, these acts are treated very seriously in the courts.
New York Choking Law Defined
Technically, choking is referred to as “criminal obstruction of breathing or blood circulation.” It is defined under New York statute as applying pressure on the throat or neck of a person, or blocking the nose or mouth, with intent to impede the normal breathing or circulation of blood.
You can choke someone with your hands or an object. The charges would still apply.
NY Choking / Strangulation Penalties
Strangulation in the First Degree
1st Degree Choking is the most serious of strangulation offenses and involves a situation where the victim is “seriously injured” by the choking action. Perhaps they have to be hospitalized or have brain damage as a result of lack of blood flow.
This offense is a Class C felony and carries a potential 15 year prison sentence.
Strangulation in the 2nd Degree
Slightly less serious, 2nd degree choking is when the choking act causes the victim to lose consciousness, become stupefied, or causes any other physical injury that doesn’t qualify as “serious”.
This is a Class D felony charge and carries a potential 7 year prison sentence.
Ref: New York Penal Code Article 121
Anytime you’re facing serious criminal charges, you are very concerned and worried about the potential outcome and potential penalties. Especially with a contronverisial and emotionally charged accusation like choking, which could could change the course of your life and damage relationships as well.
Free NY Legal Defense Consultation on Choking Laws
If you are facing charges of choking or strangulation, you need an aggressive defense lawyer on your side, one willing to go to bat for you in an effort to get you the best results possible on your day in court.
Our lawyers are in New York courts everyday fighting for our clients. Call us at (888) 435-4744 for a consultation now.