First Degree Aggravated Interference with Health Care Services

New York Penal Law 240.73, First Degree Aggravated Interference with Health Care Services, is the most significant crime directly relating to health care service interference as it relates to reproductive health services. While nothing prevents a District Attorney to bring additional charges and crimes outside of those found in New York Penal Law Article 240, First Degree Aggravated Interference with Health Care Services is a class “C” felony. Frighteningly serious, a conviction for New York Penal Law 240.73 is punishable not merely by jail in the county lockup, but as much as five to fifteen years in a New York State prison. If you have any questions as to the severity of First Degree Aggravated Interference with Health Care Services, you should certainly consult with an experienced and knowledgeable criminal defense attorney, but even without doing so it behooves you to grasp the length of custody you face upon conviction.

The foundation for an arrest and ultimate conviction of New York Penal Law 240.73 is rooted in New York Penal Law 240.70, Criminal Interference with Health Care Services or Religious Worship in the Second Degree. According to New York Penal Law 240.70(1)(a), when a person uses force, threatens to use some form of force, or actually physically obstructs a person from obtaining or providing reproductive health services and in the act of doing so causes a serious physical injury, he or she has committed this felony. In fact, even attempting to do so satisfies the elements of First Degree Aggravated Interference with Health Care services even if the attempt is unsuccessful.

Why and how First Degree Aggravated Interference with Health Care Services is enhanced from the Second Degree crime, New York Penal Law 240.72, is due to the nature of the injury. Not merely a “physical injury,” to violate New York Penal Law 240.73 the injury must statutorily be classified as a “serious physical injury.” Codified in New York Penal Law 10.00(10), a “serious physical injury” is one that creates a substantial risk of death, causes actual death, or inflicts a protracted disfigurement, impairment of health or function of any bodily organ.

Clearly the most consequential of crimes relating to the obstruction of one’s ability to secure reproductive healthcare services or provide the same to a patient or patients, a conviction for First Degree Aggravated Interference with Health Care Services is life altering and devastating. Should you be accused of New York Penal Law 240.73, remember that your life, family, career and freedom are all on the line. Do not wait to identify the best and strongest defense. Do not allow yourself to be paralyzed by fear. Let Crotty Saland PC’s experience, knowledge and advocacy put you in the best position to protect your fights, limit your exposure or pursue exoneration.

Call the New York criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

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