Lawyer Defending Clients Charged With Strangulation on Long Island
On Long Island, if you’re placed under arrest and charged with strangulation, arrange at once to speak with a Nassau County strangulation defense lawyer at the Law Firm of Gianni Karmily. Strangulation is a felony, so you must have a defense attorney’s help as quickly as possible.Strangulation is interfering with another person’s breathing by applying pressure to that person’s neck or throat. A strangulation charge often arises from a domestic violence situation, and an Order of Protection will very likely be issued against the defendant while his or her case is pending.
“Strangulation is a tactic of power and control that is very common in domestic violence scenarios,” according to Fordham Law School adjunct professor Amy Barash, a former executive director of the New York State Office for the Prevention of Domestic Violence.
What is strangulation in New York criminal law?
Strangulation occurs when a person intentionally restricts another person’s breathing or blood circulation by applying pressure to the throat or neck, causing a physical injury or serious physical injury.. New York law treats strangulation as a serious violent offense.
What are the degrees of strangulation charges in New York?
New York law recognizes two degrees of strangulation, both felony offenses:
- Strangulation in the Second Degree: Occurs when a person commits criminal obstruction of breathing or blood circulation by intentionally applying pressure to another person’s throat or neck, or blocking their breathing, and the conduct results in stupor, loss of consciousness for any period of time, or any physical injury or impairment. Actual physical injury is not required to establish the underlying obstruction, but it is required for second-degree strangulation when serious physical injury occurs as a result of the act.
- Strangulation in the First Degree: Occurs when the strangulation causes serious physical injury to the victim. This is the more serious charge and carries harsher penalties.
Second-degree strangulation is serious even without injury, while first-degree involves serious physical harm and stricter consequences.
What Are the Details of a Strangulation Charge?
In 2010, New York lawmakers enacted legislation that defined the crime of strangulation and established the penalties for a strangulation conviction.
You may be charged with strangulation in the first or second degree if you use pressure on the throat or neck of another person or block someone’s mouth or nose to impair that person’s normal breathing or blood circulation.
If the victim falls into a stupor, loses consciousness, or suffers a physical injury, the charge will be strangulation in the second degree.
If the victim sustains a “serious” physical injury, the charge is strangulation in the first degree. The law in New York precisely defines what is considered a serious physical injury. It is an injury that causes serious or protracted disfigurement or creates a substantial risk of death.
What Are the Penalties for Strangulation in New York?
Strangulation in the first degree, a Class C felony, and strangulation in the second degree, a Class D felony, are both considered violent felonies. A conviction for a violent felony may result in the imposition by a court of a prison sentence and/or a probation sentence.
If it’s a first offense, a conviction establishes a criminal record, which can make it difficult to find employment or housing, to obtain a loan, or to qualify for public benefits. The consequences of a violent felony conviction can affect you for the rest of your life.
If you hold a professional license in New York, a felony conviction will trigger disciplinary action by your professional licensing board and the possible revocation of your license. If you are not a U.S. citizen, a felony conviction can lead to a deportation proceeding.
How do Prosecutors Prove Strangulation in a Criminal Case?
Prosecutors attempt to prove strangulation charges using evidence that shows intentional pressure on the throat or neck and resulting injury or impairment. Common forms of evidence may include:
- Medical records or photographs showing neck injuries
- Statements from the alleged victim or witnesses
- 911 calls or police body camera footage
- Expert testimony about breathing or circulation impairment
The case typically focuses on whether the accused intentionally applied pressure that restricted breathing or blood flow.
Can Strangulation or Choking Charges be Defended in Court?
Yes. A defense may challenge whether the prosecution can prove the required intent, the cause of the alleged injuries, or whether breathing or circulation was actually impaired. Defense strategies may involve disputing witness credibility, challenging medical evidence, or arguing self-defense. The outcome often depends on the strength of the prosecution’s evidence and the circumstances of the incident.
How do I Find a Strangulation Lawyer Near Me?
To find a strangulation defense lawyer near you, look for a criminal defense attorney experienced in handling violent felony charges and domestic violence-related cases. Review the lawyer’s trial experience, case background, and familiarity with assault and strangulation allegations, and schedule a case evaluation.
How Will Attorney Gianni Karmily Handle Your Strangulation Case?
To win a conviction for strangulation in the first degree, a New York prosecutor must show that the victim sustained a serious physical injury. To convict you of strangulation in the second degree, the state must show that the victim lost consciousness or was physically injured.
If you are charged with strangulation in the first or second degree, contact Nassau County criminal defense attorney Gianni Karmily at once. He will investigate the charge, determine what actually happened, protect your rights, and fight aggressively for justice on your behalf.
What If the Charge Against You Is Fabricated?
Long Island judges, defense lawyers, and family law attorneys routinely deal with phony domestic violence claims. If the charge against you is false, Long Island strangulation defense lawyer Gianni Karmily will use every legal tool necessary to uncover the truth.
If a strangulation 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 strangulation 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 Much Do Nassau County Strangulation Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Strangulation 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.
Strangulation 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 Strangulation 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 Strangulation Defense Attorney
1) LIFELONG STRANGULATION DEFENSE ATTORNEY
Gianni Karmily is a lifelong strangulation 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 strangulation prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private strangulation defense, Gianni Karmily has developed his professional experience from the strangulation 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 strangulation offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to strangulation defense litigation and the representation of individuals facing strangulation charges. His practice encompasses the defense of individuals accused of a broad range of strangulation 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 strangulation defense, New York Penal Law, Vehicle & Traffic Law, Strangulation Procedure Law, constitutional advocacy, strangulation litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on strangulation 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, strangulation 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 strangulation 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 strangulation justice system as a whole is a core component that distinguishes strangulation 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 strangulation defense experience, the distinction is straightforward: Gianni Karmily is a strangulation defense attorney whose professional identity is built around defending the accused. Strangulation 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 strangulation charges in Nassau County have direct access to the attorney responsible for their representation.
A strangulation 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 strangulation 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 strangulation 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 a strangulation offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the strangulation 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 strangulation 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 strangulation defense as a high-volume process. Each strangulation 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 strangulation allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York strangulation 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 strangulation defense practice immediately next to the courthouse where many Nassau County strangulation matters are handled.
For a strangulation defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Strangulation 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 strangulation 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 a strangulation 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 strangulation defense attorney, the combination of a lifelong focus on strangulation 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.
What Should You Know About The Law Firm of Gianni Karmily?
The Law Firm of Gianni Karmily represents defendants who have been charged with strangulation, criminal obstruction of breathing or blood circulation, and other domestic violence crimes and violent felonies.
Nassau County criminal defense attorney Gianni Karmily will examine the evidence in your strangulation case, uncover the facts, and offer an aggressive, effective defense while protecting your legal rights and bringing your strangulation case to its best possible outcome.
Our law offices are located 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.
