NYC Strangulation Defense Attorney

Aggressive Criminal Defense for New Yorkers Charged with Strangulation-Related Offenses

Strangulation or incidents involving criminal obstruction of breathing and blood circulation are serious issues under New York law. Often linked to cases of domestic violence, they can result in severe penalties, and conviction will leave a significant mark on your criminal record. More than just a prison term and fines, it can impact your career, education, housing opportunities, and even your immigration status.

As a former prosecutor, Attorney Mehdi Essmidi is equipped with the necessary knowledge and experience to guide you through the legal process and put forth a vigorous defense against your New York strangulation and criminal obstruction charges.

Understanding the gravity of what’s at stake — your future, freedom, and reputation, now is the time to secure proficient legal representation. Contact The Law Offices of Mehdi Essmidi P.L.L.C. for a free consultation to discuss your legal options, potential penalties, and the best course of action to protect your rights.

Understanding New York Penal Laws Regarding Strangulation

Strangulation and criminal obstruction of breathing or blood circulation offenses, under New York Penal Law, are crimes that involve the intentional restriction of another person’s normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth of such person. These actions result in a range of physical injuries, from causing substantial pain to protracted impairment of physical condition, or even death.

New York law recognizes several degrees of strangulation and criminal obstruction charges, each with specific elements and associated penalties. Each degree of strangulation requires the prosecution to prove certain factors beyond a reasonable doubt. For instance, for a first degree strangulation charge, the prosecution must prove that strangulation resulted in serious physical injury to the victim.

An experienced NYC strangulation defense attorney like Mehdi Essmidi can help you understand the charges and potential defenses available to you.

Criminal Obstruction of Breathing or Blood Circulation – New York Penal Law § 121.11

This offense occurs when a person intentionally applies pressure to the throat or neck of another or blocks their nose or mouth with the intent to impede normal breathing or blood circulation. This is considered a misdemeanor under the New York Penal Law, but it is taken very seriously, especially when connected with cases of domestic violence.

Strangulation in the Second Degree – New York Penal Law § 121.12

Strangulation in the second degree escalates from a misdemeanor to a class D felony. This charge is levied when someone intentionally obstructs the breathing or blood circulation of another person by applying pressure to the throat or neck or blocking the nose or mouth, causing physical injury. Unlike the lesser offense of criminal obstruction, proving this crime requires an illustration of actual physical injury to the victim—a fundamental aspect that your NYC strangulation defense attorney can challenge.

Strangulation in the First Degree – New York Penal Law § 121.13

Strangulation in the first degree in New York is a Class C felony, reserved for instances when the act of strangulation results in serious physical injury to the victim. ‘Serious physical injury’ involves a substantial risk of death, protracted impairment of health, or loss or impairment of any bodily organ.

Aggravated Strangulation – New York Penal Law § 121.13-A

The offense of aggravated strangulation applies specifically to law enforcement officers, such as police officers and peace officers. This serious offense occurs when an officer commits the crime of criminal obstruction of breathing or blood circulation as outlined in § 121.11, or when they use a chokehold or similar restraint, as described in § 837-t of the executive law, causing serious physical injury or even death.

Defense Strategies for Strangulation-Related Charges

The key to defending against New York strangulation or criminal obstruction of breathing charges is building a robust, evidence-based strategy. Every case is unique and demands a personalized approach, taking into account the circumstances and evidence at hand.

Potential defense strategies may include:

• Challenging the Sufficiency of Evidence: If the prosecution’s evidence doesn’t convincingly demonstrate the elements of the crime, the charges may be dismissed or reduced.
• Mistaken Identity: This implies the wrong person is accused; strong alibis and other proofs can strengthen this defense.
• Constitutional Violations: If law enforcement violated your rights during investigation or arrest, this could be a valid defense. The evidence obtained as a result of these violations may be deemed inadmissible.

The goal is to create reasonable doubt about the prosecution’s accusations. This task requires the skills and knowledge of an experienced NYC strangulation defense attorney. With his extensive background, Attorney Mehdi Essmidi is prepared to advocate for you aggressively, fighting to mitigate the potential consequences and seeking the best possible outcome for your case.

Why Hire Mehdi Essmidi As Your New York Criminal Defense Lawyer

Not all attorneys are equal, and in cases as complex and serious as these, you’ll need someone with proven experience and knowledge of New York Penal Law.

Attorney Mehdi Essmidi brings a unique perspective to the defense of strangulation and criminal obstruction cases. As a former prosecutor turned defense lawyer, he understands how both sides of the courtroom operate and he uses his knowledge to build effective defense strategies for his clients.

Whether your charges involve criminal obstruction of breathing or more severe first-degree strangulation, he’ll work diligently to protect your rights, challenging evidence, calling upon expert witnesses, and questioning procedural inconsistencies. His hands-on approach ensures you’re involved throughout the process, kept informed of your case progression, and consulted on key decisions.

Facing New York strangulation charges is no small matter. You need a tenacious advocate on your side— and that’s what you’ll find in Mehdi Essmidi.

Contact Us for a Free Consultation

If you are facing strangulation or criminal obstruction charges in New York City, don’t delay seeking experienced legal assistance. Reach out to The Law Offices of Mehdi Essmidi P.L.L.C. today to schedule a free consultation. Our dedicated and experienced team, led by NYC strangulation defense attorney Mehdi Essmidi, is ready to offer guidance through this challenging time.

During the consultation, we will discuss your legal options, the potential penalties you face, and how to safeguard your rights and freedom effectively. We will work tirelessly to build a strong defense for your case, aiming to minimize potential consequences.

Remember, every second counts when dealing with such serious charges. Act now to ensure you have a robust and strategic legal strategy in place to protect and defend against New York strangulation and criminal obstruction charges. Contact us today for your free consultation.