Criminal Obstruction Of Breathing Lawyer - Criminal Defense Attorneys
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
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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.