Available 24/7. FREE attorney consultation via phone, video conferencing, or in person

Call For Your Free Consultation

Criminal Obstruction Of Breathing Lawyer - Criminal Defense Attorneys

Experienced Manhattan Criminal Defense Attorneys

In New York, a conviction for criminal obstruction of breathing or blood circulation comes with severe penalties. As a misdemeanor, the offense is punishable by time in jail and/or a fine. Additionally, you will have a mark on your criminal record, which can affect your ability to obtain gainful employment or find a place to live. If you have been charged with the crime, waste no time retaining legal representation. A lawyer can help fight the allegations and seek a favorable result on your behalf, such as getting charges dropped, the case dismissed, or the sentence reduced.

At Lebedin Kofman LLP, criminal defense lawyer Russ Kofman and our New York obstruction of breathing or blood circulation lawyers are prepared to stand up for you in and out of court. Whether the accusations against you are unfounded, we will ensure that your side of the story is heard and highlight inconsistencies or weaknesses in the prosecutor’s case. Backed by years of legal experience, we know how to build compelling defenses and can pursue an optimal outcome. As a boutique law firm, we can deliver the personalized and compassionate attention you need.

To schedule a free consultation with one of our New York criminal obstruction of breathing or blood circulation lawyers, please call us at (646) 663-4430 or submit an online contact form today.


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.

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.

For zealous advocacy throughout your case, contact us at (646) 663-4430 today.

Our Clients Share Their Experiences

The Opinions That Matter Most

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.