New N.Y. Statute Toughens Prosecution in Strangulation Cases

Defendants previously faced low-level charge

April 8, 2011
By Cara Matthews

ALBANY -- State officials said that the impact of a new strangulation statute is "unprecedented" and proves there was a critical gap in the law, with more than 2,000 people charged during the first 15 weeks it was in effect.

Its use demonstrates that police and prosecutors have found it to be an effective tool, particularly in fighting domestic violence, they said.

The law, announced Thursday, established three crimes for strangulation -- two felonies and a misdemeanor -- depending on whether the victim is injured. Before it took effect Nov. 11suspects frequently faced the low-level charge of second-degree harassment, a violation that carries a maximum penalty of 15 days in jail.

"That shows a universal application and need immediately upon implementation that is candidly unprecedented," said Sean M. Byrne, acting commissioner of the Department of Criminal Justice Services. "It's just a very significant response to the new law. And it's not just that it was used in virtually every county of the state, but it was used heavily in many counties."

In the past, someone "could be strangled almost to the point of death," but the alleged abuser often went unpunished because there were no signs of physical injury, said Amy Barasch, executive director of the state Office for the Prevention of Domestic Violence.

A victim can lose consciousness in a matter of seconds and can be brain dead after several minutes, she said.

"We're aware that strangulation is a tactic of power and control that is very common in domestic violence scenarios," Barasch said.

Under the new law, the charges are more in line with the severity of the offenses, said Barasch, who expects to see an increase in felony charges going forward. Victims of strangulation are 10 times more likely to become homicide victims than other victims who have not been strangled, she said.

Between Nov. 11 and Feb. 22, 2,003 individuals were charged either upon arrest or arraignment. In nearly 83 percent of the cases, suspects were charged with the misdemeanor, punishable by up to a year in jail, the Department of Criminal Justice Services said in a report released Thursday. The misdemeanor charge is for criminal obstruction of breathing or blood circulation by applying pressure to the throat or neck, or blocking someone's nose or mouth.

The felony crimes can be used when physical injury has occurred. First-degree strangulation is for criminal obstruction of breathing or blood circulation that results in serious physical injury. In second-degree strangulation, the suspect has caused stupor, loss of consciousness or any other physical injury or impairment.

In Tompkins County, seven charges under the law were made from its November implementation through Feb. 22, including six misdemeanors and one second-degree strangulation.

Choking and strangulation are two of the most common forms of domestic violence, according to Tina Stanford, director of the state Office of Victim Services.

People charged with the misdemeanor will have to provide a DNA sample, which could help solve other crimes, Byrne said. All felonies and 36 misdemeanors in New York come with a requirement to give a DNA sample upon conviction, he said.