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.
However, if you use a wire, rope, or shoelace (or a similar tool or device) to obstruct someone else’s breathing or blood circulation, or if you injure that person, the charge can be elevated to strangulation in the second or first degree.
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.
What Penalties May Be Imposed for a Conviction?
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.
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.
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.
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. If you are charged with criminal obstruction of breathing or blood circulation on Long Island, arrange a meeting as quickly as possible with criminal defense attorney Gianni Karmily by calling (516) 630-3405.