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.
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.
