No Marks, Still a Felony: How New York Treats Strangulation as a Standalone Crime
For years, a person could be choked nearly to the point of unconsciousness and the case might end up charged as a simple misdemeanor assault, largely because there were no visible injuries. New York changed that in 2010 by creating strangulation as its own category of offense. If you or someone you know is facing one of these charges, understanding how the statutes are built can explain why prosecutors treat them so seriously.
Three Levels, Starting With a Misdemeanor
The strangulation statutes sit in Article 121 of the New York Penal Law. At the base is Penal Law § 121.11, criminal obstruction of breathing or blood circulation, a class A misdemeanor. It requires an intent to impede someone’s normal breathing or blood circulation, and it applies when a person applies pressure to the throat or neck, or blocks the nose or mouth.
The felony offenses build on that foundation. Under Penal Law § 121.12, strangulation in the second degree is a class D felony. It applies when the obstruction causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. Under Penal Law § 121.13, strangulation in the first degree is a class C felony, and it requires that the obstruction cause serious physical injury. There is also a separate aggravated strangulation offense under § 121.13-a.
Why the Charge Surprises So Many People
Two features of the law often catch people off guard. First, the second degree offense does not require a lasting or visible injury. Loss of consciousness for even a brief time can be enough, as can an “impairment” of some kind. That means a case can proceed even when there are few or no marks, relying instead on medical evidence, statements, and testimony. Second, strangulation is frequently charged alongside other domestic violence offenses, so a single accusation can lead to multiple counts, an order of protection at arraignment, and significant collateral consequences.
Questions That Often Shape a Defense
Because these charges can hinge on details that are easy to overlook, defense questions often focus on:
- Whether the evidence actually shows intent to impede breathing or circulation, rather than a different type of contact
- Whether the claimed loss of consciousness, impairment, or injury is supported by medical records
- Whether photographs, timelines, and statements are consistent
- Whether there are motives, prior conflicts, or inconsistencies that affect credibility
- Whether any recordings, messages, or witness accounts support or contradict the allegation
No two cases look alike, and the answers depend heavily on the facts.
Contact Our Office About a Strangulation Charge
A felony strangulation charge can affect your freedom, your home, and your relationships, and the early stages of a case move quickly. Our New York City domestic violence defense attorneys at The Law Offices of Jason Goldman can review how the charges were brought and what the evidence may show. Contact The Law Offices of Jason Goldman today for a confidential conversation.
Source:
nysenate.gov/legislation/laws/PEN/121.12