The National Trial Lawyers - Top 100 Trial Lawyers
BBB Accredited Business
The National Trial Lawyers - Top 40 Under 40
AV Preeminent badge
The National Trial Lawyers - Top 100 Trial Lawyers
National Association of Distinguished Counsel
USCCA Critical Response team
LawyerCentral.com Featured Lawyer badge
Avvo Rating 10.0 Superb badge
Avvo Client's Choice 2014
USCCA badge
Certified badge
Best DUI Attorney - Top Rated badge
10 Best badge
Expertise.com badge

New York Penal Law § 121.12 – Strangulation in the Second Degree

Highly Skilled New York Criminal Defense Attorneys Representing Clients Charged with Assault and Other Violent Crimes

Under New York Penal Law § 121.12, Strangulation in the Second Degree is an aggravated form of Criminal Obstruction of Breathing or Blood Circulation that causes the alleged victim to either lose consciousness or experience physical injury or impairment.

The Elements of Strangulation in the Second Degree

The offense of Strangulation in the Second Degree under Penal Law § 121.12 requires the government to prove each of the elements of Criminal Obstruction of Breathing or Blood Circulation. The elements of Criminal Obstruction of Breathing or Blood Circulation (Penal Law § 121.11) are:

  1. Blocking the nose or mouth of another person, or
  2. Applying pressure to another’s neck or throat, and
  3. Intending to impede the other person’s normal breathing or blood circulation.

In addition, the government must prove that the alleged victim lost consciousness or suffered physical injuries or impairment as a result of the obstruction.

Examples of Strangulation in the Second Degree

Charges of Strangulation in the Second Degree can come up in a variety of circumstances most commonly in Domestic Violence cases. For example, choking someone to the point where they lose consciousness would likely result in these charges. However, even if the alleged victim does not lose consciousness, the government may still pursue strangulation charges if they suffered other injuries. For example, if an alleged victim experienced significant bruising to their neck, the district attorney would likely argue that the bruising constitutes a “physical injury” under the language of the strangulation statute.

Related Offenses

Often, prosecutors bring Strangulation in the Second Degree charges along with one or more of the following:

  • Criminal Obstruction of Breathing or Blood Circulation (NY Penal Law § 121.11)
  • Strangulation in the First Degree (NY Penal Law § 121.13)
  • Assault in the Third Degree (NY Penal Law § 120.00)
  • Assault in the Second Degree (NY Penal Law § 120.05)
  • Aggravated Strangulation (NY Penal Law § 121.13-A)

Notably, Criminal Obstruction of Breathing or Blood Circulation is a lesser-included offense of Strangulation in the Second Degree. Thus, you cannot be convicted of both offenses. Similarly, Strangulation in the Second Degree is a lesser included offense of both Strangulation in the First Degree and Aggravated Strangulation.

What Are the Defenses to Strangulation in the Second Degree?

Because Strangulation in the Second Degree is essentially a more serious form of Criminal Obstruction of Breathing or Blood Circulation, all of the criminal obstruction offenses apply, which include:

  • A lack of intent to interfere with another’s normal breathing or blood circulation;
  • Fabrication; and
  • The defendant’s actions were carried out pursuant to a valid medical or dental purpose.

Additionally, challenging the “physical injury or impairment” element of the offense could result in avoiding liability for the strangulation offense, although this not be a defense to Criminal Obstruction of Breathing or Blood Circulation. However, because the punishment for obstructing another’s breathing or circulation is significantly less than for strangulation, this is a good option in some cases.

What Are the Penalties for Strangulation in the Second Degree?

Strangulation in the Second Degree is a class D felony. In New York, class D felonies are punishable by up to seven years in prison. However, if the offense resulted in the alleged victim suffering “serious physical injury,” the crime becomes strangulation in the first degree, which is a class C felony, punishable by a maximum of 15 years in prison.

Speak with an Experienced New York Criminal Defense Attorney About Strangulation in the Second Degree Charges Today

If you were recently arrested and charged with a strangulation offense, reach out to the New York criminal defense attorneys at Tilem & Associates, P.C. At Tilem & Associates, P.C., we’ve assembled a dedicated team of lawyers who proudly stand up for the rights of good people charged with serious crimes. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.

Client Reviews

Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes.

Rob

I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you. If I can ever be of help in providing a reference or anything else, please let me know.

Joanna

I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate...

W.S.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Over 25 Years Experience
Fill out the contact form or call us at 877-377-8666 to schedule your free consultation.

Leave Us a Message

Online Payments Available

Pre-Paid Legal Service for Gun Owners