New Law Focuses on Domestic Strangulation

A new law in New York is resulting in numerous arrests for domestic violence. The new law makes a new crime, which can be based upon allegations of strangulation. Basically, the allegation would be based upon “criminal obstructing of breathing or blood circulation.” The new law became effective in late 2010 and as of April 2011, 2,003 arrests have been made in the state.

Sean M. Byrne, the acting commissioner of DCJS, claims that the multitude of arrests over the past four months reflects dedicated police work and how difficult charges are to bring based upon allegations of chokeholds.

Prior to passing the new law, the charge based upon choking or strangulation would have been for harassment. In Michigan, the charge would be domestic violence if the two individuals had previously shared a home (husband/wife, boyfriend/girlfriend, mom/child, dad/child, etc…). If an injury is inflicted the charge would be aggravated domestic assault or aggravated assault. If there is an intent to kill or commit great bodily harm less than murder, the charges would be far more serious.