Lawyer Defending Clients Charged With Obstruction of Breathing on Long Island
If you are arrested on Long Island or in New York City and you are charged with criminal obstruction of breathing or blood circulation, arrange immediately to speak with a Nassau County obstruction of breathing defense lawyer at the Law Firm of Gianni Karmily.If you attempt to choke, strangle, or otherwise obstruct another person’s ability to breathe in this state, a prosecutor can charge you with one of these three crimes:
- strangulation in the first degree
- strangulation in the second degree
- criminal obstruction of breathing or blood circulation
Strangulation in the first degree and strangulation in the second degree are felonies. Criminal obstruction of breathing or blood circulation is a misdemeanor, but it is nevertheless handled as a serious crime by the State of New York.
What Constitutes Criminal Obstruction of Breathing or Blood Circulation?
You may be charged with criminal obstruction of breathing or blood circulation if you apply pressure to someone else’s throat or neck, or if you block someone’s mouth or nose, with the intention of impairing the victim’s normal breathing or circulation of blood.
A criminal obstruction of breathing or blood circulation charge is usually linked to accusations of domestic violence, which means the court may issue an Order of Protection against the defendant while the criminal case is pending.
Is obstruction of breathing a felony or misdemeanor in New York?
Criminal obstruction of breathing or blood circulation is typically charged as a Class A misdemeanor in New York. However, related conduct may lead to more serious felony charges if the incident involves serious physical injury, strangulation, or other aggravating circumstances. The classification depends on the facts of the case and the level of harm involved.
What are the penalties for obstruction of breathing in New York?
Criminal obstruction of breathing or blood circulation is a Class A misdemeanor, so a conviction may be penalized with either a jail sentence or with probation. Your case could be decided in one of several different courts depending on the exact charge, your age, and where you live.
For instance, your case may be sent to a special domestic violence court that deals only with domestic violence cases. If an Order of Protection was issued by both a family court and a criminal court, your case may be sent to an Integrated Domestic Violence (IDV) court.
What evidence is used in obstruction of breathing cases?
Prosecutors often rely on several types of evidence to prove obstruction of breathing or blood circulation. The case typically focuses on whether there was intentional pressure on the neck or blockage of the mouth or nose that interfered with breathing or circulation. Common examples of evidence include:
- Statements from the alleged victim or witnesses
- Medical records or photographs showing injuries
- 911 recordings or body camera footage
- Police reports documenting the incident
Can obstruction of breathing charges be reduced?
Yes. Depending on the circumstances, a defense attorney may challenge whether the prosecution can prove intent or the credibility of the allegations. Possible defense approaches may involve questioning witness statements, arguing self-defense or lack of intent. Successful defenses often focus on weaknesses in the prosecution’s evidence.
What If You Are Falsely Charged?
Phony domestic violence claims are not uncommon. Judges, defense attorneys, and divorce lawyers on Long Island see far too many fabricated claims. If the charge against you is false, Long Island obstruction of breathing defense lawyer Gianni Karmily will work to get to the truth.
If an obstruction of breathing charge cannot be dismissed, you have a fundamental constitutional right to a jury trial where attorney Gianni Karmily will explain to a jury what really happened, and he will tell the jurors why they should acquit you.
If the evidence against you for criminal obstruction of breathing or blood circulation is overwhelming and a conviction is likely, attorney Gianni Karmily may attempt to negotiate a plea arrangement on your behalf. In most plea deals, a defendant enters a guilty plea to a lesser charge and serves an alternative or reduced sentence.
How do I Find an Obstruction of Breathing Lawyer Near Me?
To find an obstruction of breathing defense lawyer near you, search for a criminal defense attorney experienced in handling obstruction of breathing, strangulation, assault, and domestic violence-related charges. Review the lawyer’s criminal defense experience, courtroom background, and history handling serious misdemeanor cases, and schedule a case evaluation.
How Will Defense Attorney Gianni Karmily Handle Your Case?
If you are charged with criminal obstruction of breathing or blood circulation, reach out immediately to Long Island criminal defense attorney Gianni Karmily. He will review the evidence, determine what really happened, and fight effectively for justice on your behalf.
Intent is the key element in a criminal obstruction of breathing or blood circulation case. To convict you of the charge, the state must prove – beyond a reasonable doubt – that you intended to obstruct someone’s breathing or blood circulation.
Let’s say, however, that your intent was to stop someone from screaming and not to injure that person or impair that person’s breathing. A Long Island defense lawyer may be able to offer this defense – successfully – on your behalf. Other possible defenses include:
- You have been misidentified and someone else committed the crime.
- No crime took place and the allegation against you is fabricated.
How Much Do Nassau County Obstruction of Breathing Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Obstruction of Breathing defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Obstruction of Breathing defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Obstruction of Breathing defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Obstruction of Breathing Defense Attorney
1) LIFELONG OBSTRUCTION OF BREATHING DEFENSE ATTORNEY
Gianni Karmily is a lifelong obstruction of breathing defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing obstruction of breathing prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private obstruction of breathing defense, Gianni Karmily has developed his professional experience from the obstruction of breathing defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of obstruction of breathing offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to obstruction of breathing defense litigation and the representation of individuals facing obstruction of breathing charges. His practice encompasses the defense of individuals accused of a broad range of obstruction of breathing offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York obstruction of breathing defense, New York Penal Law, Vehicle & Traffic Law, Obstruction of Breathing Procedure Law, constitutional advocacy, obstruction of breathing litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on obstruction of breathing cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, obstruction of breathing defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong obstruction of breathing defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the obstruction of breathing justice system as a whole is a core component that distinguishes obstruction of breathing defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive obstruction of breathing defense experience, the distinction is straightforward: Gianni Karmily is an obstruction of breathing defense attorney whose professional identity is built around defending the accused. Obstruction of Breathing defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing obstruction of breathing charges in Nassau County have direct access to the attorney responsible for their representation.
An obstruction of breathing defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of obstruction of breathing charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced obstruction of breathing defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of an obstruction of breathing offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the obstruction of breathing defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of obstruction of breathing defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach obstruction of breathing defense as a high-volume process. Each obstruction of breathing case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the obstruction of breathing allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York obstruction of breathing laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his obstruction of breathing defense practice immediately next to the courthouse where many Nassau County obstruction of breathing matters are handled.
For an obstruction of breathing defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Obstruction of Breathing cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with obstruction of breathing defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout an obstruction of breathing case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County obstruction of breathing defense attorney, the combination of a lifelong focus on obstruction of breathing defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
When Should You Contact The Law Firm of Gianni Karmily?
The Law Firm of Gianni Karmily defends those who are charged with criminal obstruction of breathing or blood circulation, strangulation, and other crimes of violence and domestic violence on Long Island.
Nassau County criminal defense attorney Gianni Karmily will review the evidence in your obstruction of breathing case and provide an aggressive, effective defense while protecting your rights and bringing the case to its best possible resolution.
Gianni Karmily will handle your case with diligence, determination, and commitment. He will assess your circumstances honestly and provide you with candid legal advice and recommendations.
The Law Firm of Gianni Karmily has offices in Great Neck and Hempstead. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.





