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NY Penal Law § 121.12: Strangulation in the Second Degree
Strangulation in the second degree, NY Penal Law § 121.12, is criminal obstruction of breathing (PL 121.11) that causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. It is almost always charged in domestic incidents. It is a class D violent felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends strangulation charges in Nassau County and Suffolk County courts.
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NY Penal Law § 121.12 at a glance
| Strangulation in the second degree | |
|---|---|
| Statute | NY Penal Law § 121.12 |
| Charge level | Class D violent felony |
| Prison range | 2 to 7 years determinate, if prison is imposed |
| Lesser charge | Criminal obstruction of breathing (PL 121.11), class A misdemeanor |
| What makes it a felony | Stupor, loss of consciousness, or physical injury or impairment |
What NY Penal Law § 121.12 says
A person is guilty of strangulation in the second degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment.
Strangulation in the second degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You committed criminal obstruction of breathing or blood circulation: with intent to impede normal breathing or blood circulation, you applied pressure to the person’s throat or neck, or blocked their nose or mouth.
- That conduct caused stupor, loss of consciousness for any period of time, or another physical injury or impairment.
Penalties for second-degree strangulation
| Outcome | What it means |
|---|---|
| Prison | If prison is imposed, a determinate term of 2 to 7 years, plus post-release supervision. |
| Probation | As a class D violent felony, sentencing follows the class D rules, so probation or local jail can be possible in some cases. |
| Order of protection | A long-term final order of protection is expected on any conviction. |
| Other consequences | A violent felony record, firearm prohibition, and immigration consequences. |
| Reduced outcome | Cases are often reduced to criminal obstruction of breathing (PL 121.11) or another misdemeanor. |
Charged with strangulation?
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How second-degree strangulation charges show up on Long Island
In about two years of Nassau County and Suffolk County arraignment records, about 53 people were arraigned on PL 121.12, about three quarters of them in Nassau County. That compares with about 265 for the misdemeanor criminal obstruction of breathing.
Nearly all of these cases arise from domestic incident reports, and they are usually charged together with assault, criminal contempt or harassment. A temporary order of protection is issued at arraignment.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
After an argument, a person tells police their partner grabbed their neck and that they “blacked out for a second.” There are no visible marks. The arrest charge is PL 121.12 because of the claimed loss of consciousness. The defense looks at the medical records, the 911 call, photos and any inconsistencies, because the felony depends on proving that loss of consciousness or injury actually happened.
Defenses to a PL 121.12 charge
- No qualifying result. Without proof of stupor, loss of consciousness or physical injury, the charge drops to the misdemeanor PL 121.11 at most.
- No intent to impede breathing. Contact with the neck during a struggle is not the same as intending to stop someone’s breathing.
- Self-defense. Justification is a defense when force was used to protect yourself.
- Credibility. Medical records, photos, texts and the 911 call often matter more than the written statement.
Related offenses
- Criminal obstruction of breathing or blood circulation (PL 121.11), class A misdemeanor
- Strangulation in the first degree (PL 121.13), class C violent felony
- Assault in the third degree (PL 120.00)
- Long Island domestic violence defense
NY Penal Law § 121.12: frequently asked questions
What is the difference between strangulation 2nd degree and obstruction of breathing?
Criminal obstruction of breathing (PL 121.11) is a misdemeanor. It becomes strangulation in the second degree (PL 121.12), a class D violent felony, when it causes stupor, loss of consciousness for any period of time, or physical injury or impairment.
Is strangulation 2nd degree a violent felony?
Yes. PL 121.12 is listed as a class D violent felony offense. If prison is imposed, the term is determinate, from 2 to 7 years.
Do there have to be marks on the neck?
No. Marks are not required by the statute, but the absence of injury, medical findings or other corroboration is often important to the defense.
Will there be an order of protection?
Almost always. A temporary order of protection is usually issued at arraignment, and it can require you to leave your home.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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