Contact an experienced Manhattan criminal defense lawyer immediately if you or a loved is accused of this crime. The strangulation statute was added to the New York State Penal Law only a few years ago. It was formed because legislators believed there was a loophole in the penal code that didn’t account for certain violent and harmful behavior. New York’s assault statute is codified in Article 120.
Our attorneys at Konta Georges & Buza P.C. remain current on changes in criminal statutes, so you can rely on them to use cutting-edge strategies to resolve your matter. If you have been accused of committing this violent crime, they will take effective action to protect your name, your rights and your future. Get skilled legal advice about your situation when you consult with us.
In just about every assault charge, there is a legal requirement that a person suffers physical injury or serious physical injury as a result of the perpetrator’s actions. However, the purported victim of strangulation often may show no injuries. Therefore, the assault statute is not applicable.
So, in a situation where someone is arrested for choking someone else for a few terrifying seconds, prosecutors were historically stuck between charging attempted assault in the third degree for the attempt to cause physical injury or attempted murder for the intent to kill the person. Attempted assault in the third degree is a class B misdemeanor punishable by up to 90 days in jail. Attempted murder can be punishable by up to 25 years. There was no middle ground.
Strangulation allegations occur frequently in domestic violence situations. The lack of a law that dealt with strangulation specifically was particularly vexing for prosecutors in these situations. Now, prosecutors have this middle ground in situations where a person chokes another person. That middle ground is the strangulation statute.
Our criminal defense lawyers can defend against all three degrees of strangulation charges:
For any subsection of this crime, there is an affirmative defense that the person who committed the act did so for a legitimate medical or dental purpose.
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