Strangulation and Related Offenses

In the realm of New York violent crimes, most New York criminal lawyers, as well as their clients, concentrate on the crimes of Assault, Weapon Possession and even Robbery. Despite this, there is a relatively new set of crimes that is set forth under Article 121 of the New York Penal Law. These crimes (New York Penal Law section 121.11, 121.12 and 121.13) are collectively known as the Strangulation and Related Offenses.

These crimes range in their severity and potential punishments from either an “A” misdemeanors to “D” and “C” felonies. As a result, if you are convicted of any Strangulation or a related offense, you would face up to one year in jail, seven years in state prison or fifteen years in state prison respectively. Whether the crime took place in New York City (Manhattan, Brooklyn, Bronx or Queens) or a suburban county such as Westchester, there is no difference in the nature of the charge or crime.

It is important to note, that a charge of Strangulation and Related Offenses likely will not stand alone. While each case is unique, it would not be atypical to see these crimes charged alongside such crimes as the Assault offenses found in Article 120 of the New York Penal Law.

As the law evolves in the arena of Strangulation and Related Offenses, there will certainly be much litigation. One defense, however, is statutorily identified as an “affirmative defense.” While it may not be utilized often, it is an affirmative defense if one conducts themselves in a manner that violates the statutes, but does so for a valid medical or dental purpose.

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