If you’ve been arrested for Criminal Obstruction of Breathing or Strangulation in Nassau County, Long Island, it’s essential to understand the charges and their potential consequences. These offenses are taken extremely seriously, particularly in cases involving other domestic violence charges, and a conviction can have life-altering effects.
Under New York Penal Law § 121.11, Criminal Obstruction of Breathing occurs when someone intentionally restricts another person’s breathing or blood circulation by applying pressure to the neck or throat or blocking the nose or mouth. If this action results in physical injury, loss of consciousness, or serious impairment, the charge may be elevated to felony Strangulation under §§ 121.12 and 121.13.
If you are facing these charges, it is critical to have an experienced Nassau County criminal defense lawyer fighting for your rights and working toward the best possible outcome.
Penalties for Obstruction of Breathing and Strangulation Charges
Criminal Obstruction of Breathing (Penal Law 121.11):
- Class: A Misdemeanor
- Penalties: Up to 1 year in jail, $1,000 fine, 3 years’ probation
- Criminal Record: Yes
Strangulation in the 2nd Degree (Penal Law 121.12):
- Class: D Violent Felony
- Penalties: Up to 7 years in prison, $5,000 fine
- Criminal Record: Yes
Strangulation in the 1st Degree (Penal Law 121.13):
- Class: C Violent Felony
- Penalties: Up to 15 years in prison, $5,000 fine
- Criminal Record: Yes
Understanding Criminal Obstruction of Breathing and Strangulation Charges for Real-Life Scenarios
Imagine a situation where a heated argument between partners escalates. One party claims their breathing was intentionally restricted during the altercation. When police arrive, injuries may be minimal or non-existent, yet charges are filed based on statements alone.
In such cases, understanding the law and having an experienced Long Island criminal defense lawyer to challenge the complainant’s credibility and the prosecution’s evidence is critical to ensuring a fair outcome.
How We Can Help You
At The R.M.L. Law Firm, PLLC, we know these cases often arise from emotional situations where the facts may be unclear or disputed. Our defense strategies include:
- Reviewing the Evidence: We examine medical records, police reports, and witness statements for inconsistencies or exaggerations.
- Challenging Allegations: Many cases hinge on claims that can’t be substantiated. We explore whether injuries occurred as described or if self-defense applies.
- Seeking Favorable Outcomes: Our goal is to reduce charges, secure dismissals, or negotiate alternatives to incarceration whenever possible.
Why Choose The R.M.L. Law Firm, PLLC for Obstruction of Breathing and Strangulation Charges on Long Island
As a former Nassau prosecutor, Attorney Ramy Mikhail Louis offers a unique perspective in defending clients charged with Obstruction of Breathing and Strangulation in Nassau and Suffolk County criminal courts. With years of experience handling cases throughout Long Island, he understands how local prosecutors approach these serious charges. This insider knowledge allows him to anticipate the prosecution’s strategies and craft strong defense plans, giving you a significant advantage in the courtroom.
Other reasons why clients choose us for their Obstruction of Breathing and Strangulation defense:
- Proven Results: A track record of successfully defending clients.
- Personalized Attention: Every case is unique, and our strategies reflect your individual circumstances.
- 24/7 Availability: We’re here to guide you whenever questions or concerns arise.
- Focused Defense: Protecting your rights and pursuing the best possible outcome.
An arrest for Criminal Obstruction of Breathing or Strangulation doesn’t have to end in a conviction. Early action can make all the difference. We’re here to provide the strong defense you need, whether you’re facing charges in Nassau or Suffolk. Contact us today.
