BRONX, NY – Strangulation charges in Bronx domestic violence cases are among the most aggressively prosecuted offenses in New York criminal law, with penalties ranging from up to a year in jail to 15 years in state prison. Bronx criminal defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/strangulation-charges/) explains how the three offenses under New York Penal Law Article 121 are charged, what evidence the Bronx District Attorney’s Office relies on, and what defenses may apply.
According to Bronx criminal defense attorney David Mejia Colgan, Penal Law Article 121 establishes three standalone strangulation offenses enacted in 2010. Criminal Obstruction of Breathing or Blood Circulation under PL Section 121.11 is a Class A misdemeanor carrying up to 364 days in jail. Strangulation in the Second Degree under PL Section 121.12 is a Class D violent felony carrying 2 to 7 years in state prison. Strangulation in the First Degree under PL Section 121.13 is a Class C violent felony with a determinate sentence of 3.5 to 15 years. “The degree charged often comes down to whether and how seriously the complainant was injured,” Colgan explains.
Bronx criminal defense attorney David Mejia Colgan notes that the difference between second-degree and first-degree strangulation depends on the level of injury alleged. Under PL Section 10.00(9), “physical injury” means impairment of physical condition or substantial pain. “Serious physical injury” under PL Section 10.00(10) requires a substantial risk of death, protracted disfigurement, or protracted impairment of a bodily organ or function. Prosecutors in the Bronx rely on medical records, forensic nursing examination findings, and emergency room documentation to establish which threshold applies.
Attorney Colgan adds that the Bronx DA’s Domestic Violence Bureau often proceeds without the complainant’s cooperation. “Prosecutors use an evidence-based prosecution model that relies on 911 recordings, medical records, photographs, and witness statements,” he notes. “Excited-utterance statements made during a 911 call may be admissible under hearsay exceptions, although admissibility ultimately depends on the facts and the court’s ruling under the Confrontation Clause.”
The firm also handles the collateral consequences that follow even a misdemeanor strangulation conviction. A qualifying misdemeanor crime of domestic violence triggers a federal prohibition on possessing firearms or ammunition. For non-citizens, a felony strangulation conviction may be classified as an aggravated felony under federal immigration law, triggering removal proceedings. A conviction can also affect custody and visitation under New York Domestic Relations Law and create barriers to employment, professional licensing, and housing.
Colgan points out that defense strategies in strangulation cases focus on the elements the prosecution must prove. “Intent is often the most contested element,” he observes. “If the contact occurred during a mutual struggle without specific intent to restrict breathing or blood circulation, the prosecution has not met its burden.” Other defense approaches include challenging the credibility of the complainant when allegations arise in the context of custody disputes or relationship breakdowns, contesting medical evidence with alternative explanations for findings such as petechiae or bruising, and asserting justification under Penal Law Article 35 when self-defense is supported by the facts.
Attorney Colgan represents clients in Bronx Criminal Court and Bronx Supreme Court, where strangulation cases prosecuted by the Domestic Violence Bureau are typically arraigned within 24 hours of arrest. At arraignment, prosecutors commonly request high bail or remand and an order of protection that may immediately remove the accused from a shared home. The firm serves clients throughout Fordham, Mott Haven, Hunts Point, Kingsbridge, Tremont, and other Bronx neighborhoods from its office at 910 Grand Concourse, Suite 1F.
For those facing strangulation allegations in a Bronx domestic violence case, contacting an experienced criminal defense attorney early may help challenge the prosecution’s evidence, contest the conditions of an order of protection, and prevent a misdemeanor charge from being upgraded to a violent felony.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq. is a Bronx-based criminal defense practice focused on representing individuals charged with violent crimes and domestic violence offenses. A former prosecutor in the Bronx County District Attorney’s Office, attorney David Mejia Colgan brings more than 25 years of criminal law experience to clients across the Bronx and throughout New York. The office is located at 910 Grand Concourse, Suite 1F. For consultations, call (718) 484-8820.
Email: david.m.colgan@gmail.com
Media Contact
Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Suite 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/
