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.

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.