Loved ones get into disputes from time to time. While these might be minor fights that only involve some verbal exchanges, others can evolve into more heated arguments that involve physical altercations. Whether it is between spouses, significant others, siblings or other family members, domestic violence could transpire into serious events that could harm a loved one, resulting in another facing criminal charges for a violent crime.
In the state of New York, acts of domestic violence could result in various criminal charges against the presumed aggressor. In some cases, an individual might only use his or her own hands to cause physical injury, instead of using a deadly weapon. And if the accused used their hands to strangle their victim, he or she could face strangulation charges.
According to New York Penal Code, strangulation in the first degree could result if an offender obstructs the breathing or blood circulation of a victim, thereby causing serious physical injury to the victim. In the state of New York, strangulation in the first degree is considered a class C felony and could result in penalties such as imprisonment up to 15 years and a fine up to $5,000.
When an individual is charged with domestic violence involving strangulation, he or she does have defense options. For any violent act, there is the possibility of self-defense if the facts suggest that it is a situation where the accused could have used such a degree of force to protect him or herself from harm.
There are a variety of defense options available to those accused of domestic violence, and defendants should be fully aware of their rights and defense options. Understanding the applicable law could help the accused get the best possible result for their case.
Source: Public.leginfo.state.ny.us, “§ 121.13 Strangulation in the first degree,” accessed June 13, 2016