Criminal Obstruction of Breathing Lawyer in New York

Criminal Obstruction Of Breathing Lawyer - Criminal Defense Attorneys

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Don’t waste time anxiously searching online to find out what will happen with your case and if you will have a criminal record or worse, have to serve jail time. You can be on the phone with an attorney who will lay everything out for you in minutes.

What Constitutes Criminal Obstruction Of Breathing In NY?

Essentially, criminal obstruction of breathing or blood circulation involves choking or suffocating another individual without that person’s consent. New York Penal Law § 121.11, the statute concerning the act, provides that a person commits the crime when they apply pressure on someone’s throat or neck or obstruct the individual’s breathing through their nose or mouth.

To show that a defendant is guilty of the offense, a prosecutor is required to prove that:

The defendant choked or suffocated the alleged victim and
They acted with intent and that the event was not just an accident.

In other words, the prosecutor must demonstrate that the defendant’s purpose when engaging in the conduct was to not allow the other person to breathe or block the other person’s blood circulation.

The prosecutor might have evidence in your case, but that doesn’t necessarily mean a conviction is certain. Avenues may be available to challenge the accusations and cast doubt on the opposition’s evidence. This is why it is very important to seek the help of a skilled lawyer before facing these charges.

At Lebedin Kofman LLP, criminal defense attorney Arthur Lebedin and our criminal obstruction of breathing or blood circulation attorneys in New York City will fully evaluate your case. We can develop a defense to counter the prosecution’s arguments.

Is Criminal Obstruction Of Breathing or Blood Circulation A Felony In NY Law?

Criminal obstruction of breathing or blood circulation is not a felony in New York. It is a class A misdemeanor. Although a misdemeanor is a lesser crime than a felony, it is still a serious offense.

A conviction for criminal obstruction of breathing can result in:

Incarceration for not more than 364 days and/or
A fine of up to $1,000

Seeing the potential penalties for criminal obstruction of breathing can be frightening, but the maximums listed above aren’t a definite outcome. By aggressively fighting the charge, the accused can increase the chances of a more favorable result. For instance, the case could be dismissed, the defendant could be found not guilty, or the defense could argue for reduced sentencing.

Our criminal obstruction of breathing and blood circulation lawyers in New York City can work toward obtaining an optimal outcome on your behalf. We have a history of success in criminal matters, getting cases dismissed, and helping our clients avoid jail time. Our previous achievements do not guarantee future results. Still, we will be committed to fighting relentlessly on your behalf.

Our Process

Our Firm Is Your Solution

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Contact A NY Criminal Defense Lawyer Today

At Lebedin Kofman LLP, we are ready to immediately and strategically defend you. Defense lawyer Russ Kofman and our team of criminal defense lawyers recognize the impacts of a criminal charge and conviction. We do what is legally necessary to pursue a just result.

Testimonials

Client Reviews

I hired Russ to represent me in a domestic violence/criminal case in Manhattan. From the beginning to end of the case, he was professional, supportive and dependable. He alleviated all of my concerns with the possible outcome of my case by assuring me the case would be dismissed. He was absolutely right and successfully got my case dismissed. He was always there, any time of the day or night to answer any questions or concerns. I highly recommend obtaining him as your attorney, he is the best you can find to have in your corner!!

I had the pleasure of using Lebedin Kofman LLP, i was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with you on payment plans, all in all i was very pleased, and would definitely use them again. But really hoping I won't need to! lol

I am writing this review to state Big Russ got me back Big Buck for my case.I thank God for Mr. Russ Kofman,and his fine team of lawyers and paralegals. That have the resources and knowledge to make the City and NYC Police Department Paid for what they did to me falsely arrested and falsely incarcerated me. Iam so Graceful ,Thankful and Well Please about the result of my case Mr.Kofman and that fine team of yours .All my plain and all my Suffering did not go away but it sure will help me along the way with that financial blessing.Its just fantastic and so amazing how much I got back. You guys guided me every step of the way.I appreciate all the time and all the effort it took for my result.You guys are heaven send. Thank You Mr.Russ Kofman an Team HALLELUJAH THANK YOU JESUS!!! God bless You Michael

I have been working with different law firms throughout my career. I have had a variety of experiences some good some bad. With that said, my experience with Lebedin Kofman LLP was stellar. They more than delivered. My experience could not have been better. Arthur and his team really had my back. I did alot of research upfront before selecting them and it really paid off. I cannot thank them enough.

Russ handled my domestic violence case which flowed into a very messy divorce. He guided me throw this very scary process and resolved the criminal case very quickly, then turned the tables on my husband and absolutely wiped the floor with his divorce lawyer. I was very happy standing next to him in court and I highly recommend him to anyone looking for a powerhouse lawyer. His fees were also very reasonable and the fact that you get a great team of lawyers working for you helps very much.

I have used them for my civil cases and my criminal cases they are very hard working and professional. They will stop at nothing to see that you get the justice you deserve and i highly recommend them to anyone who is in need of a great law firm. Lastly i would like to thank them for sticking by me and proving my innocence.

Amazing! I highly recommend Russ Kofman! My case was a difficult one and now I'm here without any criminal record thanks to Russ. He is highly skilled in DUI law and criminal defense law. I would recommend him to anyone. I'm so grateful that I chose him as my lawyer !! Very professional, if you're in need of a lawyer that truly is going to get you the best offer possible regarding a DUI, then I suggest Russ Kofman.

Lebedin Kofman has been great to me. They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.

Lebedin Kofman LLP is INCREDIBLE!!!!! Arthur and his team demonstrate exceptional professionalism and legal expertise. I was so scared when I received a letter from the court but, Arthur and his team took the time to carefully explain my options and they worked with me to find a solution. Not only did they solve the problem, they got the case thrown out. I can't praise their work enough. I've never written a review in my life , but, I had to for Lebedin Kofman LLP.

I was charged with grand larceny. Russ Kofman and his team had all criminal charges against me dropped, I was found guilty of a minor violation. At all times Russ and his associates were available for me and were extremely helpful and professional. I hope that I never have a need for a lawyer again, however Russ Kofman would be my only choice should the need arise.

I had criminal charges against me and needed to hire a lawyer fast. I decided to call Russ Kofman and told him about my case. The cops locked me up and Russ and his team made sure that I was going to get out. Russ told me to keep calm and let him handle everything. Words can’t explain how Russ got me out less then 34 hours and to top it off he made the DA dropped the charges and had the case dismissed.After I got out Lebedin Kofman and I decided to file a lawsuit against the city, and they got me a great settlement.

Do not hesitate to call this firm because they will be right by your side every step of the way. They surely live up to their great reviews.

I contacted this firm after spending nearly a year worrying about the consequences of answering a bench warrant. After submitting my information online I was called later that day and spoke to the attorney. His professionalism and knowledge were immediately comforting and I knew I had made the right move. I appeared in court with an attorney from the firm who guided me every step of the way. I only wish I would I have contacted Lebedin Kofman earlier instead of letting fear of the justice system get the best of me. Thank you Lebedin Kofman for helping me get back on the right track, I would highly recommend this firm.

I had such a great experience with Arthur. I was impressed with how quickly he worked on my case and delivered a result that was beyond what I had expected. He responded to all my questions quickly and allayed my worries. I was lucky to have found him and I would definitely consult him again if any future issues arise.

These guys are great! I am a student in college that made the mistake of drinking and driving. Needless to say, that will never happen again but the entire experience was traumatic. These guys were able to dismiss my criminal charges and find the best possible outcome for my situation. I highly recommend them for their dedication, expertise and professionalism!

I was charged with a DWI last year. I definitely did not know what to do. Until I did my research and found out about this law firm. Amazing lawyers who worked hard on my case and got it dismissed!! I would recommend Lebedin Kofman to anyone looking for a DWI lawyer in NYC!

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Criminal Obstruction of Breathing: What Is at Stake

Criminal obstruction of breathing or blood circulation is often charged in domestic violence and family-offense cases, and it can carry serious consequences even when there is little visible injury. Lebedin Kofman LLP reviews the accusation, medical evidence, photographs, 911 calls, body-camera material, witness statements, prior relationship context, and any order-of-protection issues.

Defense issues that should be reviewed early

Criminal record exposure, order-of-protection restrictions, jail risk, probation, and consequences for future background checks.

Related allegations such as assault, harassment, menacing, criminal contempt, stalking, strangulation, or domestic violence enhancements.

Collateral risks involving employment, professional licensing, immigration, firearms rights, housing, and family-court issues.

Related domestic violence and criminal-defense pages

Criminal Obstruction of Breathing Defense FAQs

What is criminal obstruction of breathing in New York?

The charge generally involves allegations that someone impeded normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth. The exact proof and facts matter.

Can obstruction of breathing be charged without visible injuries?

Yes. These cases may rely on statements, observations, photographs, medical records, 911 calls, or body-camera footage, even when visible injury is limited or disputed.

How can a lawyer defend an obstruction of breathing charge?

The defense may challenge credibility, intent, causation, injury claims, inconsistent statements, missing medical proof, self-defense issues, and whether the prosecution can prove each legal element beyond a reasonable doubt.

For a confidential consultation about a domestic violence, order of protection, criminal contempt, assault, harassment, menacing, stalking, or obstruction-of-breathing allegation, call Lebedin Kofman LLP at 646-663-4430.