New York Penal Law § 121.13 - Strangulation in the First Degree

Strangulation in the First Degree under New York Penal Law § 121.13 is defined as committing Criminal Obstruction of Breathing or Blood Circulation, which results in serious physical injury. Because Criminal Obstruction of Breathing or Blood Circulation and Strangulation in the Second Degree are both lesser included offenses of Strangulation in the First Degree, even if someone is charged with all three offenses, they can only be convicted of Strangulation in the First Degree.

The burden is on the prosecution to prove every element of a criminal offense beyond a reasonable doubt. Because Strangulation in the First Degree is an aggravated form of Criminal Obstruction of Breathing or Blood Circulation, the government must prove each element of that offense, which includes:

1. The defendant blocked the nose or mouth of another person, or
2. The defendant applied pressure to another’s neck or throat, and
3. While intending to impede the other person’s normal breathing or blood circulation; and
4. The alleged victim suffered serious physical injury.

Under NY Penal Law § 10.00(10), serious physical injury is defined as any injury that creates a “substantial risk of death, or causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”

Because there are several other offenses that are similar to Strangulation in the First Degree, prosecutors pursue these charges in very specific circumstances where the alleged victim suffers serious physical injury. It is not enough that the victim was injured or lost consciousness because the crime of Strangulation in the Second Degree covers these situations. Thus, the extent of the injuries must be severe, such as permanent ligature marks on the neck, prolonged difficulty swallowing, or brain damage.

Those who are charged with Strangulation in the First Degree may also be charged with the following offenses based on the similarity of the crimes:

• Criminal Obstruction of Breathing or Blood Circulation (NY Penal Law § 121.11)
• Strangulation in the Second Degree (NY Penal Law § 121.12)
• Aggravated Strangulation (NY Penal Law § 121.13-A)

Additionally, prosecutors will also bring the following charges, which are more generic:

• Assault in the Third Degree (NY Penal Law § 120.00)
• Assault in the Second Degree (NY Penal Law § 120.05)
• Assault in the First Degree (NY Penal Law § 120.10)

There are several defenses to Strangulation in the First Degree that can result in the complete avoidance of criminal liability, including:

• Fabrication (the incident never happened);
• A lack of evidence related to what caused the victim’s injuries; and
• A lack of intent to impede the alleged victim’s breathing or circulation.

Where these defenses do not apply or are unavailable, challenging the extent of the victim’s injuries can result in a person being found guilty of a lesser-included offense, such as Strangulation in the Second Degree or Criminal Obstruction of Breathing or Blood Circulation.

Strangulation in the First Degree is a class C felony. In New York, class C felonies are punishable by up to 15 years in prison.

If you were recently arrested and charged under New York Penal Law § 121.13 – Strangulation in the First Degree, it is imperative that you immediately reach out to an attorney to begin working on your defense. At the New York criminal defense law firm of Tilem & Associates, P.C., our team of defense attorneys has more than 25 years of experience aggressively defending the rights of individuals charged with serious violent 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.