PL 121.12 · Article 121
Strangulation in the Second Degree
This offense requires criminal obstruction of breathing or blood circulation plus a specified resulting effect: stupor, loss of consciousness for any length of time, or another physical injury or impairment. The prosecutor must prove both the underlying obstruction and its causal connection to at least one qualifying effect beyond a reasonable doubt.
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PL 121.12 · Original statutory wording; excerpts must be read together with the full section.
§ 121.12 Strangulation in the second degree.A person is guilty of strangulation in the second degree when he orshe commits the crime of criminal obstruction of breathing or bloodcirculation, as defined in section 121.11 of this article, and therebycauses stupor, loss of consciousness for any period of time, or anyother physical injury or impairment.Strangulation in the second degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires criminal obstruction of breathing or blood circulation plus a specified resulting effect: stupor, loss of consciousness for any length of time, or another physical injury or impairment. The prosecutor must prove both the underlying obstruction and its causal connection to at least one qualifying effect beyond a reasonable doubt.
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 intended effects are alternatives, 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 methods are alternatives, not cumulative requirements.
- That obstruction caused stupor, loss of consciousness for any period of time, or another physical injury or impairment. These results are alternatives, not cumulative requirements.
- The prosecutor must prove the underlying obstruction, a qualifying result, and causation beyond a reasonable doubt.
Defenses that commonly apply
- What evidence establishes the required obstructive act and intent by the person accused?
- What observations or medical evidence establish stupor, any loss of consciousness, or another physical injury or impairment?
- Could the claimed physical effect have resulted from something other than the alleged obstruction?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to $5,000 or up to twice the gain.
A violent felony offense.
Common questions about your defense
Can second-degree strangulation be challenged if there was no loss of consciousness?
Loss of consciousness is only one alternative result; stupor or another physical injury or impairment can also satisfy the result requirement. A defense could arise if the evidence leaves reasonable doubt about every qualifying result or whether the obstruction caused it. The prosecutor must also prove the underlying intentional obstruction beyond a reasonable doubt.
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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