Lawyer Defending Clients Charged With Obstruction of Breathing on Long Island

Q: What is criminal obstruction of breathing or blood circulation in New York?

Criminal obstruction of breathing or blood circulation in New York occurs when a person intentionally applies pressure to the throat or neck, or blocks the nose or mouth of another person, in a way that prevents normal breathing or blood circulation. This offense focuses on the intentional act of obstruction and does not require proof of physical injury. In more serious cases, where additional harm is shown, the conduct may be charged under New York's strangulation-related statutes.

Q: What are the penalties for obstruction of breathing in New York?

A conviction for criminal obstruction of breathing or blood circulation may result in serious consequences, including: up to 364 days in jail, probation or conditional discharge, fines and court surcharges, a permanent criminal record, and an order of protection restricting contact with the alleged victim.

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.

3 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Obstruction of Breathing Defense Attorney

1) Lifelong Criminal Defense Attorney

Unlike most criminal defense attorneys, Gianni Karmily has been on the defense side his entire life from even before becoming a lawyer. While in law school, he was an intern for the public defender’s office at the Legal Aid and Defender Association in Detroit, Michigan. After moving back to Nassau County, Long Island, New York, he has been looking forward every day to being the voice of individuals facing criminal charges, including those accused of obstruction of breathing.

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 criminal defense lawyer naturally possesses aggressive skepticism, which is an intense, active approach to questioning and challenging information, authority, and the system. That’s the reason they are best suited to effectively do their job, which is to be the voice of that person and aggressively push back to make sure the system doesn’t roll over them.

2) Direct Access

Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. It is very important for our clients to be reassured that their obstruction of breathing case doesn’t get shuffled around from one lawyer to another lawyer and from one paralegal to another paralegal. That is the reason they deal directly with Gianni for every aspect of representation, including court dates, case updates, and questions about their obstruction of breathing charges. At the same time, Gianni regularly works with other experienced criminal defense attorneys and experts from different backgrounds to make sure he achieves the best result possible for all his clients.

3) Limit Number of Cases

The Law Firm of Gianni Karmily, PLLC is very thorough and doesn’t cut any corners when representing individuals accused of obstruction of breathing. That’s the reason the law firm limits the number of cases it takes each month in order for each case to receive the individualized attention it deserves and for Gianni to dedicate the adequate time required for a sound defense. Your case could affect your freedom, your career, and your future. Make sure you have an attorney with the experience and time to protect all three.

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.