Why Was My Strangulation Case Charged as a Misdemeanor in New York?

Attorney Answer

What you're describing sounds like it should meet the definition of strangulation under New York law, and a misdemeanor charge does not automatically mean the more serious version doesn't apply.

New York has three related crimes here. Penal Law § 121.11, criminal obstruction of breathing or blood circulation, is a class A misdemeanor and covers blocking someone's nose and mouth, or applying pressure to the throat, in a way that impedes breathing, even without a serious resulting injury. Penal Law § 121.12, strangulation in the second degree, is a class D felony and applies when the same conduct causes stupor, loss of consciousness, or any other physical injury or impairment. Penal Law § 121.13, strangulation in the first degree, is a class C felony and requires serious physical injury.

Under New York law, physical injury generally means impairment of a physical condition or substantial pain, which can include bruising, scratches, and bleeding depending on how the evidence is viewed. Photos of a bruised, scratched, and bloody face are exactly the kind of evidence that supports charging one of the felony versions instead of the misdemeanor. The fact that a 7 month old baby was present and being held during the incident is also significant. It does not change the strangulation charge itself, but it can support an additional charge such as endangering the welfare of a child, and it is the kind of fact prosecutors take seriously.

What you can do

1. Contact the District Attorney's Victim/Witness Assistance unit and ask specifically why the felony strangulation statutes were not applied, and request that the photos and any medical records be part of that review. 2. Ask whether the charge can still be revisited or presented for felony consideration before the case is resolved. 3. If you have not already, get medical treatment records for the facial injuries, since documented pain or impairment strengthens the physical injury element. 4. Consider speaking with a crime victim's rights attorney or advocate, who can push for the case to be reviewed and explain your rights as a victim in the process.

Charging decisions ultimately belong to the prosecutor, and every case depends on the exact facts and evidence available. This is general legal information and not legal advice. A local New York attorney who handles criminal or victims' rights matters can review the full case file and advise you on your specific situation.