Strangulation Charge Defense in NYC

Accused of Strangulation? Get an NYC Criminal Lawyer!

In November 2010, the New York State Legislature addressed the issue of strangulation by creating a new crime under New York Penal Law §121.12.

This law classifies it as a felony offense to choke or strangle another person with the intent to halt their ability to breathe or impede their blood flow to the point of causing stupor or any type of physical injury.

The enactment of this law followed significant lobbying by domestic violence advocates, who argued that during domestic disputes, individuals who committed acts of strangulation could previously face only misdemeanor charges—so long as the victim survived the incident.

New York - Misdemeanor & Felony Strangulation

As the law currently stands, there are three degrees of the crime. The first level is a Class A misdemeanor. These are cases in which it is alleged that an individual is guilty of criminal obstruction of breathing or blood circulation, and no injury has occurred to the alleged victim.

When the crime involves loss of consciousness (for any period of time), stupor, or any physical injury or impairment, the charge is elevated to a Class D felony, referred to as "strangulation in the second degree."

Strangulation in the first degree is a specified hate crime (subject to increased penalties) and occurs when a serious physical injury or impairment results from the act of strangulation. This is classified as a Class C violent felony offense.

There is one exception under the law: a valid defense exists if the strangulation occurred for a legitimate medical or dental purpose.

Until recently, there had been no felony trials in New York under this new strangulation law. However, the New York City criminal defense law firm H. Benjamin Perez & Associates, P.C. successfully defended what is believed to be the first felony trial in New York under the new statute.

There are now countless cases pending, and many individuals are facing very serious penalties if they do not secure a lawyer experienced in defending against this specific type of charge.

In the first 15 weeks after the law was enacted, there were over 2,000 arrests statewide under the new strangulation charge. Strangulation has become a common criminal charge in domestic violence cases, and the penalties are now significantly more severe than those imposed prior to the change in the law.

What to Do if Accused of Felony Strangulation in NY

Searching for an Attorney for a Strangulation Case in New York City?

If you are found guilty of a felony strangulation charge, you could face a lengthy sentence in state prison. You may also lose access to your home, your personal possessions, and even custody or visitation rights with your children.

The impact on the life of the accused can be severe—even before the trial begins.

How your case is managed is critically important. At our firm, you can expect legal representation that takes your case seriously and works diligently on your behalf. We will explore every opportunity to negotiate with the prosecuting attorney and will stand ready to defend you aggressively in court.

As experienced NYC criminal defense lawyers, we will thoroughly evaluate every piece of evidence. If your case goes to trial, you can rest assured that your rights will be zealously protected and that a strong, strategic defense will be presented throughout the proceedings.

We believe in our clients and are committed to fighting for their rights. When you are charged with any degree of strangulation, you need a defense team that knows how to fight—and is prepared to do so.

Can a Strangulation Charge be Dropped?

If you or someone you know has been charged with strangulation in New York, it may be possible to have the charge dropped or reduced under certain circumstances.

Possible Defenses to Strangulation Charges

1. Lack of Evidence of Strangulation

One defense may be that the alleged victim was not actually strangled. In some cases, medical conditions such as asthma, panic attacks, or allergic reactions may mimic the symptoms of strangulation. If the prosecution cannot provide sufficient medical or physical evidence to prove that strangulation occurred, the charges may not hold.

2. Lack of Intent

The prosecution must prove beyond a reasonable doubt that the defendant intended to impede the victim’s breathing or blood circulation. If intent cannot be established—particularly in the case of an accidental encounter—the strangulation charge may be subject to dismissal.

3. Self-Defense or Defense of Others

Another valid defense is that the defendant was acting in self-defense or in the defense of another person. To use this defense successfully, it must be shown that the defendant reasonably believed there was an imminent threat of physical harm, and that the use of force was necessary to prevent that harm.

Plea Bargain as an Option

In some instances, the defendant may be able to negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser offense (such as harassment or attempted assault) in exchange for the dismissal of the more serious strangulation charge. It’s important to weigh this option carefully, as it still involves accepting some form of criminal liability.