Bronx Strangulation Defense Attorney David Mejia Colgan Explains the Difference Between Strangulation and Criminal Obstruction Charges

BRONX, NY - New York law treats criminal obstruction of breathing and strangulation in the second degree as separate offenses, even though both allegations may involve claims that a person restricted another's breathing or blood circulation. Bronx strangulation defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/blog/strangulation-second-degree-pl-121-12/) is explaining how these charges differ, how they are typically filed in domestic violence cases, and what penalties may apply.

According to Bronx strangulation defense attorney David Mejia Colgan, criminal obstruction of breathing or blood circulation under Penal Law Section 121.11 is a Class A misdemeanor carrying up to 364 days in local jail. Prosecutors must prove intentional pressure to the throat or neck, or blocking of the nose or mouth, that impeded normal breathing or circulation. "This charge does not require proof of physical injury, so the absence of a mark or visible bruising does not mean it won't be filed," Colgan explains.

Bronx strangulation defense attorney David Mejia Colgan notes that officers may rely on the complainant's account, visible redness, or a 911 call to support an obstruction charge. Strangulation in the second degree under Penal Law Section 121.12 includes that same underlying conduct, plus proof that it caused stupor, loss of consciousness for any period of time, or another physical injury or impairment. That added injury element is what elevates the offense to a Class D violent felony, carrying a state prison range of roughly two to seven years, with post-release supervision if a determinate sentence is imposed.

Attorney Colgan explains that because this felony charge depends on a qualifying result, the case often turns on the strength of the injury evidence rather than the underlying conduct alone. Prosecutors typically rely on several types of evidence to prove that element, including emergency room records, 911 call recordings, photographs of visible injuries, witness statements, and medical testimony about breathing or circulation impairment. In some cases, the complainant's statements to police may be the primary evidence supporting a felony charge, meaning the case may depend heavily on one witness whose account can be challenged.

Colgan notes that a felony strangulation conviction carries consequences that extend well beyond incarceration. Because the offense is classified as a violent felony, it will affect sentencing in any future felony case as a predicate conviction, and it can trigger both federal firearm prohibitions and New York firearm-license disqualification. "When medical documentation is limited, delayed, or inconsistent with the timeline of the allegations, that gap can become an important part of the defense," he advises.

Attorney Colgan adds that traditional application-based sealing is not available for this violent felony offense, though New York's Clean Slate Act created a separate automatic sealing process after a lengthy waiting period for those who qualify. Even when sealing later becomes available, it may not erase every legal consequence tied to a violent felony conviction, including firearm rights and future sentencing exposure.

The firm represents clients facing both misdemeanor and felony obstruction and strangulation charges throughout Bronx Criminal Court and Bronx Supreme Court, Criminal Term, where felony strangulation cases may proceed following grand jury presentation.

"Several defenses may apply depending on the evidence, including challenging witness credibility when the complainant is the sole witness, questioning whether the injury element has actually been established, arguing lack of intent when contact occurred during a struggle, and raising self-defense where the facts support it," Colgan advises.

For individuals facing strangulation or criminal obstruction charges in the Bronx, understanding the distinction between these offenses is critical to building a defense, and contacting an experienced criminal defense attorney may help protect their rights.

About David Mejia Colgan, Esq.:

David Mejia Colgan, Esq. is a Bronx-based criminal defense practice representing individuals facing violent felony and domestic violence-related charges. Led by attorney David Mejia Colgan, a former Assistant District Attorney in the Bronx County District Attorney's Office, the firm represents clients throughout the Bronx, Manhattan, and Westchester. For consultations, call (718) 484-8820.

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