Manhattan criminal defense lawyers Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/criminal-obstruction-of-breathing/) explaining the meaning of criminal obstruction of breathing in New York. The lawyers mention that criminal obstruction of breathing or blood circulation carries severe penalties. Being convicted of this offense may leave a mark on someone’s criminal record and affect their lives significantly.
“Essentially, criminal obstruction of breathing or blood circulation involves choking or suffocating another individual without that person’s consent. New York Penal Law provides that a person commits the crime when they apply pressure on someone’s throat or neck or obstruct the individual’s breathing through their nose or mouth,” the article by the Manhattan criminal defense lawyers says.
Lawyer Arthur Lebedin says that a prosecutor will have to prove a few things in order to convict a defendant of criminal obstruction of breathing. First, they need to prove that the victim was choked or suffocated, and second, they need to prove that the defendant acted with intent and that the event was not just an accident.
Attorney Russ Kofman adds that the prosecutor must demonstrate that the defendant’s purpose when engaging in the conduct was to not allow the other person to breathe or block their person’s blood circulation. There may be evidence in the case but that doesn’t have to mean a conviction is certain.
In the article, the lawyers explain that penalties for someone convicted of criminal obstruction of breathing may be sentenced to incarceration of up to a year and a fine of up to $1000. Criminal obstruction of breathing or blood circulation is not considered a felony in New York. It is a class A misdemeanor. However, it is still a serious offense.
According to attorney Russ Kofman, “Seeing the potential penalties for criminal obstruction of breathing can be frightening, but the maximums listed above aren’t a definite outcome. By aggressively fighting the charge, the accused can increase the chances of a more favorable result. For instance, the case could be dismissed, the defendant could be found not guilty, or the defense could argue for reduced sentencing.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of criminal obstruction or breathing. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: 646-663-4430.
Lebedin Kofman LLP
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Lebedin Kofman LLP
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(646) 663-4430
26 Broadway 3rd floor, New York, NY 10004, United States
