Criminal Obstruction of Breathing or Blood Circulation

What the prosecutor must prove

• The accused intended to impede the normal breathing or blood circulation of another person.
• The accused applied pressure on the throat or neck, or blocked the nose or mouth, of that person.

Defenses that commonly apply

• Lack of intent to impede breathing; the contact was incidental.
• Justification (self-defense) and inconsistent accounts.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.