New Strangulation Law Results in Thousands Charged
Brooklyn has highest arrest rate under new law, as New York cracks down on domestic violence

May 12, 2011
By Assemblyman Joe Lentol

Last August, as Chairman of the Assembly Codes Committee in Albany I wrote and sponsored a law creating new crimes of strangulation and criminal obstruction of breathing or blood circulation, one of the worst and most violent assaults associated with domestic violence (Ch. 405 of 2010). The Codes Committee is in charge of legislation dealing with criminal justice and as its Chairman for over a decade I have worked hard to ensure that the laws in this state are updated to address what I consider to be one of the most important issues facing our criminal justice system: domestic violence.

However, it was not until last year that I was able to work towards passing the new strangulation law. I have to say that the law would not have passed without the assistance of some amazing advocates who dedicate their lives to working on the issue of domestic violence throughout the state and city and to them I am extremely grateful. This law addresses what I consider to be one of the most important issues facing victims of domestic violence and filled a gaping hole in the laws of our penal system. In a testament to the measure’s success and necessity, more than 2,000 people have been charged under the new laws. This has been especially successful right here in Brooklyn. Brooklyn has reported 467 arrests under this law, the most in the state by far.

While it saddens me, that this law is necessary in this day and age, I am heartened that by the fact that prosecutors and police now have a new tool to use to fight domestic violence. I am proud to have worked with so many of the groups around the state and right here in Brooklyn to write this law and as its sponsor, work to pass it. It is my hope that by giving the police and prosecutors the tools they need, they will be able to punish those responsible for domestic violence and prevent more violence.

This is a major victory in the Assembly’s ongoing fight against domestic violence, a disgusting crime that affects a staggering one in four women. In fact, according to the New York State Office for the Prevention of Domestic Violence (OPDV), nearly 450,000 domestic violence incidents are reported each year, but only about 50 percent of all victimizations are reported.

Before the Assembly stepped in, strangulation – a potentially fatal assault that accounts for 10 percent of violent deaths in the U.S. each year – was challenging to prosecute as a crime, often due to lack of visible physical injury.

And far from a rare occurrence, experts agree that strangulation is tragically common in domestic violence situations. Unfortunately, because victims seldom have physical bruises to show for the assaults, there were serious challenges in convicting and punishing perpetrators, even when they’ve choked someone to the brink of death. Now, however, authorities are empowered to deal with the offenses swiftly and harshly.

The new law creates the crimes of strangulation in the first degree, a class C violent felony; strangulation in the second degree, a class D violent felony; and criminal obstruction of breathing or blood circulation, a class A misdemeanor. Of the 2,003 people charged between Nov. 11, 2010 and Feb. 22, 2011, 83 percent were charged with the misdemeanor, which carries with it a possible one-year jail sentence.

But that’s not all the Assembly’s done to stamp out domestic violence and punish offenders. In March, I sponsored a package of bills, including measures to:

• require criminal or family court judges to inquire about the defendant’s or respondent’s ownership or possession of a firearm when orders of protection are sought (A.2494-B);

• expose individuals or parties who fail to obey or enforce an order of protection to joint liability for all non-economic damages sought be a claimant, after a fact-finding by a judge or jury (A.2350);

• prohibit employers from discriminating against victims of domestic violence; the legislation also includes a right for a domestic violence victim to have a reasonable accommodation from the employer to deal with legal and medical issues relating to the domestic violence incident (A.2348-A); and

• prohibit housing discrimination against domestic violence victims by forbidding landlords and sellers of property from denying an individual the right to purchase, rent, lease or inhabit housing because of involvement in a domestic dispute (A.3448-A).

Strangulation is a particularly despicable manifestation of domestic violence that needs to be dealt with strongly. I’ll keep working to make sure the punishments fit the crimes, so that those who cause physical harm to others pay the appropriate price for their behavior.

I will continue to work to stop domestic violence right here in Brooklyn and throughout the state and to protect those unable to protect themselves. I also hope to continue working to expand domestic prevention education. While this law has proven to be a success, it is my wish that someday there be no need for such laws.