Islip Strangulation Attorney

An arrest for violent acts, such as choking your partner or another member of your household, can have lasting adverse effects on your life and future. The state takes these charges seriously because of their potential to cause severe and life-threatening or even fatal harm to the individual. Further, studies link the action with a strong association of escalating violence, particularly in domestic relationships. 

If you are facing charges or are under investigation, you must begin preparing your defense strategy immediately, so finding a skilled assault lawyer is crucial. Contact The Law Office of Michael A. Schillinger, Esq., today to schedule a consultation with a dedicated and knowledgeable Islip strangulation lawyer and get started on your case. 

Felony Battery by Strangulation  

Strangulation in the first degree is classified as a Class “C” violent felony, and strangulation in the second degree is a Class “D” violent felony. Under New York Penal Code Chapter 40 § 121.12, second-degree strangulation is when someone knowingly and purposely impedes the normal blood circulation and breathing of another person, causing stupor or loss of consciousness for any period of time. To prove the case, the state must establish that each element of the criminal act is present. 

What Are the Case Elements? 

The elements of strangulation in the second degree include the following: 

• Someone applies pressure on the neck or throat of someone else, or blocks their nose or mouth; or 
• Obstructs the circulation of blood or the individual’s normal breathing; and
• Causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment

What are the elements of Strangulation in the First Degree? 

• Someone applies pressure on the neck or throat of someone else, or blocks their nose or mouth; or 
• Obstructs the circulation of blood or the individual’s normal breathing; and
• The act causes serious physical injury to the other person

A seasoned strangulation attorney in Islip, like Mike Schillinger, could review the reason for the arrest, the state’s case, and investigate to determine the best defense strategy to help you overcome the charges. 

Potential Penalties for Strangulation

A conviction for strangulation could result in a permanent criminal record for a violent criminal offense. Depending upon the level of felony, the sentencing range starts at a mandatory minimum of 2 years of incarceration, ranging up to a maximum of 15 years of incarceration. It also carries significant fines and court surcharges. There is also the potential for restraining orders or additional domestic violence charges, and when prior arrests or having a deadly weapon are involved, these issues could enhance the penalties, leading to even longer prison terms, higher fines, and other adverse consequences. This is why you need Michael Schillinger, a skilled strangulation lawyer in Islip, to help you build a defense strategy that protects your rights. 

Preparing a Strong Defense 

The right defense strategy depends on the facts of your case. Some examples of possible defense strategies include the following.

Lack of Intent

Lack of intent is one possible defense against strangulation by arguing that there was no intentional action to impede blood circulation or breathing. An example is demonstrating that physical contact was accidental and does not meet the elements needed to prove guilt. 

Insufficient Evidence

The case could also show that there is insufficient evidence to establish guilt. That could include a lack of physical evidence, such as medical records or visible injuries in the aftermath. That could create enough reasonable doubt to overcome the charges. 

Motions to Suppress Evidence

An Islip strangulation attorney could also file motions to exclude inadmissible evidence, such as hearsay or improperly obtained statements and testimony. After reviewing the details of your case, experienced legal representation could help determine which strategy could be most effective. 

Speak to a Qualified Strangulation Attorney in Islip For Help Today

While it is a serious criminal offense and state prosecutors take the charges seriously, sometimes situations of assault are misconstrued. If you face charges or believe you are under investigation, please keep in mind that you are innocent until the state can establish the presence of each element necessary to prove you’re guilty. 

A knowledgeable Islip strangulation lawyer from The Law Office of Michael A. Schillinger, Esq., could help you navigate the challenging process and fight for your rights and freedom. Call soon to schedule an appointment to review your options.