What Is Criminal Obstruction of Breathing Under NY Penal Law § 121.11 and How Is It Charged in Bronx DV Cases? - David Mejia Colgan
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From David Mejia Colgan, Esq. - What Is Criminal Obstruction of Breathing Under NY Penal Law § 121.11 and How Is It Charged in Bronx DV Cases? explores how criminal obstruction of breathing is prosecuted in Bronx domestic violence cases, why this Class A misdemeanor can carry consequences far beyond its classification, and what defendants should understand after an arrest. This episode explains NY Penal Law § 121.11, including allegations involving pressure to the throat or neck, blocking the nose or mouth, and the prosecution’s burden to prove specific intent to impede breathing or blood circulation.
Listeners will learn how the Bronx District Attorney’s Office and its Domestic Violence Bureau approach these cases, including the role of mandatory arrest policies under CPL § 140.10, arraignment in Bronx Criminal Court, temporary orders of protection, and the possibility of proceedings in Bronx County Supreme Court. The discussion also covers how prosecutors may rely on 911 recordings, medical records, photographs, witness statements, prior statements, and legal issues involving Crawford v. Washington when a complainant recants or does not testify.
The episode also breaks down how a § 121.11 charge can escalate into felony strangulation under NY Penal Law § 121.12 or § 121.13, with potential penalties ranging from 364 days in jail for a misdemeanor to 7 or 15 years in prison for felony allegations. David Mejia Colgan, Esq., a former Assistant District Attorney in the Bronx County District Attorney’s Office with more than 30 years of criminal law experience, discusses defenses such as lack of intent, false accusation, legal insufficiency, and self-defense under NY Penal Law § 35.15.
This episode also highlights the collateral consequences of a conviction, including federal firearms restrictions under 18 U.S.C. § 922(g)(9), immigration risks, child custody concerns, employment issues, professional licensing problems, and the impact of an order of protection on housing and family contact. Serving clients throughout the Bronx, Riverdale, and surrounding boroughs, David Mejia Colgan, Esq. explains why early legal intervention can be critical for protecting rights, challenging evidence, addressing orders of protection, and preventing a misdemeanor case from becoming a felony prosecution.
David Mejia Colgan, Esq
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