PL 121.11 · Article 121
Criminal Obstruction of Breathing or Blood Circulation
This offense concerns pressure on another person's throat or neck, or blocking that person's nose or mouth, with intent to impede normal breathing or blood circulation. The prosecutor must prove the required intent and at least one of these alternative acts beyond a reasonable doubt; the supplied section does not require a resulting injury.
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PL 121.11 · Original statutory wording; excerpts must be read together with the full section.
§ 121.11 Criminal obstruction of breathing or blood circulation.A person is guilty of criminal obstruction of breathing or bloodcirculation when, with intent to impede the normal breathing orcirculation of the blood of another person, he or she:a. applies pressure on the throat or neck of such person; orb. blocks the nose or mouth of such person.Criminal obstruction of breathing or blood circulation is a class Amisdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns pressure on another person's throat or neck, or blocking that person's nose or mouth, with intent to impede normal breathing or blood circulation. The prosecutor must prove the required intent and at least one of these alternative acts beyond a reasonable doubt; the supplied section does not require a resulting injury.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The person accused intended to impede another person's normal breathing or blood circulation; these are alternative intended effects, not cumulative requirements.
- With that intent, the person accused either applied pressure to the other person's throat or neck, or blocked the other person's nose or mouth. These acts are alternatives, not cumulative requirements.
- The prosecutor must prove each required element beyond a reasonable doubt.
Defenses that commonly apply
- What evidence identifies the person accused as the person who applied pressure or blocked the nose or mouth?
- Did the contact actually involve pressure on the throat or neck, or blocking the nose or mouth?
- What circumstances support or undermine an intent to impede normal breathing or blood circulation?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Can the absence of an injury defeat an obstruction-of-breathing charge?
The supplied section does not require a resulting injury. If the evidence leaves reasonable doubt about the required intent or either qualifying act, that could support a defense. The prosecutor must prove the required elements beyond a reasonable doubt, so the absence of injury alone does not resolve the charge.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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