How Does Strangulation in the Second Degree Under PL § 121.12 Differ From Criminal Obstruction of Breathing? - David Mejia Colgan, Esq.

From David Mejia Colgan, Esq. - How Does Strangulation in the Second Degree Under PL § 121.12 Differ From Criminal Obstruction of Breathing? explains the important distinctions between Criminal Obstruction of Breathing or Blood Circulation under PL § 121.11 and Strangulation in the Second Degree under PL § 121.12. This episode walks through how New York separates misdemeanor obstruction allegations from felony strangulation charges, including the role of intentional interference with breathing, blood circulation, pressure to the throat or neck, blocking the nose or mouth, and the added proof required for stupor, loss of consciousness, physical injury, or impairment.

Listeners will learn how these charges may be handled in Bronx domestic violence cases, including how officers, prosecutors, and courts may evaluate complainant statements, 911 calls, photographs, visible redness, witness accounts, emergency room records, medical testimony, and reports of throat pain, difficulty swallowing, neck pain, breathing problems, substantial pain, or altered consciousness. The episode also discusses why prosecutors may file both PL § 121.11 and PL § 121.12, how felony strangulation cases may proceed through the grand jury, and why cases may continue in Bronx Supreme Court, Criminal Term.

The discussion also covers the penalties and long-term consequences connected to these offenses. Criminal Obstruction of Breathing or Blood Circulation is a Class A misdemeanor carrying up to 364 days in local jail, while Strangulation in the Second Degree is a Class D violent felony with potential state prison exposure, post-release supervision, firearm consequences, predicate felony impact, and orders of protection. The episode also addresses Clean Slate Act sealing under CPL § 160.57, sealing limits under CPL § 160.59, violent felony treatment under PL § 70.02, immigration risks for non-citizens, and how PL § 121.13 defines Strangulation in the First Degree as a Class C violent felony involving serious physical injury.

David Mejia Colgan is a Bronx criminal defense attorney with more than 25 years of criminal law experience, a J.D. from New York University School of Law, and admission to practice in New York state and federal courts, including the Southern, Eastern, Northern, and Western Districts of New York. A former Assistant District Attorney in the Bronx County District Attorney’s Office who worked in the domestic violence and sex crimes bureaus, Attorney Colgan represents clients facing violent felony allegations, domestic violence accusations, and related criminal defense matters throughout the Bronx, Manhattan, and Westchester. To discuss a strangulation or criminal obstruction case, call David Mejia Colgan, Esq. at (718) 484-8820 or visit the office at 910 Grand Concourse, Suite 1F.

David Mejia Colgan, Esq.

910 Grand Concourse Suite 1F, Bronx, NY 10451

(718) 484-8820

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