Criminal Obstruction of Breathing or Blood Circulation
An “A” misdemeanor punishable by up to one year in jail, a person is guilty of New York Penal Law section 121.11 when he or she intends to impeded the normal breathing of a victim or the circulation of that person’s blood. Additionally, the accused must do this by either (a) applying pressure on the person’s throat or neck or by (b) blocking that person’s nose or mouth.
The critically important element of Criminal Obstruction of Breathing or Blood Circulation is the intent element. If your intent, for example, is to quiet a person to stop that person from yelling because you are in a heated argument, then arguably your intent was not to impeded their breathing when you put your hand on their mouth. Obviously, an assessment or analysis of this type of case by your New York criminal lawyer is one that is fact specific.
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