Strangulation in the Second Degree

New York Domestic Violence Arrest, Crimes & Laws

Strangulation in the Second Degree is a much more serious offense than Criminal Obstruction of Breathing or Blood Circulation, but also incorporates that offense into this crime. Specifically, one is guilty of New York Penal Law 121.12 when that person commits the crime of Criminal Obstruction of Breathing or Blood Circulation and:

  1. Causes that person to lose consciousness regardless of the period of time;
  2. Causes a stupor or;
  3. Causes any type of physical injury or impairment.

It is important to note that physical injury is defined in the New York Penal Law. Generally defined as substantial pain, physical injury can be as “insignificant” as a split and bleeding lip or a deep purple bruise. Because the nature of the alleged physical injury or impairment may be an important element of this crime, it is essential to ascertain whether prosecutors have reached the legal threshold of this crime when you are charged with it.

Punishable by up to seven years in state prison, Strangulation in the Second Degree (New York Penal Law 121.12) is a “D” felony.

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