BRONX, NY - Strangulation in the first degree under New York Penal Law Section 121.13 is a Class C violent felony carrying a mandatory prison sentence of 3.5 to 15 years, making it one of the most serious charges that can arise from a domestic violence arrest in the Bronx. Bronx domestic violence defense attorney David Mejia Colgan of the Law Offices of David Mejia Colgan, Esq. (https://dmclawny.com/strangulation-first-degree-pl-121-13/) is providing guidance on the elements the prosecution must prove and the defense strategies available to those facing this charge.
According to Bronx domestic violence defense attorney David Mejia Colgan, the prosecution must establish three elements beyond a reasonable doubt: that the defendant applied pressure to the throat or neck or blocked the nose or mouth of another person, that the defendant acted with the specific intent to impede normal breathing or blood circulation, and that the conduct caused serious physical injury as defined by Penal Law Section 10.00(10). Serious physical injury requires a substantial risk of death, protracted disfigurement, or protracted impairment of a bodily organ, which is a much higher threshold than ordinary physical injury. "Bruises or minor marks on the neck do not automatically establish a first-degree strangulation charge," explains Mejia Colgan.
Bronx domestic violence defense attorney David Mejia Colgan notes that the Bronx County District Attorney's Office operates a specialized Strangulation Initiative within its Domestic Violence Bureau at 198 East 161st Street, which the office describes as the first of its kind in New York City. The Strangulation Prevention Act of 2010 created Article 121 of the Penal Law specifically to address these offenses, as many strangulation incidents were previously charged only as harassment violations or misdemeanor assaults because they often leave minimal or no visible marks.
Attorney Mejia Colgan emphasizes that challenging the intent element is a critical defense strategy in these cases. The prosecution must prove that the defendant's conscious objective was to impede breathing or blood circulation, which requires more than recklessness or negligence. If physical contact with the neck occurred during a mutual altercation but the defendant's purpose was to restrain rather than obstruct breathing, the intent element may not be satisfied. "Intent is the most demanding element for the prosecution, and it presents the strongest opportunity for the defense in many of these cases," he observes.
The firm also challenges the severity of injuries in first-degree cases. Defense attorneys may retain medical experts to demonstrate that the complainant's injuries do not meet the serious physical injury threshold, potentially resulting in a reduction to strangulation in the second degree under Penal Law Section 121.12 or criminal obstruction of breathing under Penal Law Section 121.11. Self-defense under Penal Law Section 35.15 is another available defense, and once the defense raises the issue, the burden shifts to the prosecution to disprove it beyond a reasonable doubt. Additionally, Penal Law Section 121.14 provides an affirmative defense for conduct performed for a valid medical or dental purpose, which applies in limited circumstances.
Because strangulation is classified as a family offense under Criminal Procedure Law Section 530.11, arrests trigger mandatory arrest provisions under CPL Section 140.10(4). When police respond to a domestic violence call and have reasonable cause to believe a family offense has occurred, an arrest is generally required even when the facts are disputed. Upon arrest, the court will issue a temporary order of protection at arraignment, typically a full no-contact order that may bar the defendant from returning home for the duration of the case.
"Because probation is not available for a Class C violent felony conviction without a charge reduction, the defense strategy must be developed from the earliest stage of the case," advises Mejia Colgan. "The case will be presented to a Bronx County grand jury, and if indicted, it moves to Bronx County Supreme Court, where the stakes of every proceeding increase significantly."
Upon conviction, the court may impose post-release supervision of 2.5 to five years and a final order of protection lasting up to eight years. Violating the order of protection during the pendency of the case can result in additional charges, including criminal contempt in the first degree under Penal Law Section 215.51, a Class E felony. For those facing first-degree strangulation charges in the Bronx, securing experienced defense counsel immediately after arrest is essential to protecting constitutional rights and building an effective defense strategy.
About Law Offices of David Mejia Colgan, Esq.:
The Law Offices of David Mejia Colgan, Esq. is a Bronx-based criminal defense firm focused on domestic violence defense and serious felony cases. Led by attorney David Mejia Colgan, a former Assistant District Attorney who served in the domestic violence bureau of the Bronx County District Attorney's Office, the firm represents clients in criminal courts throughout New York City and Westchester County. Fluent in Spanish. For consultations, call (718) 484-8820.
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City: Bronx
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