More than 2,000 arrested under new strangulation law, many in CNY
Posted: 04.07.2011 at 12:32 PM
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A new strangulation law appears to be an effective tool for police.

In the first 15 weeks since the law took effect, more than 2,000 people statewide have been charged under it. That's according to a research brief issued Thursday by the New York State Division of Criminal Justice Services (DCJS). The law seems to be working particularly well in the fight against domestic violence.

In November of 2010, three strangulation offenses were added to the books: criminal obstruction of breathing or blood circulation, a Class A misdemeanor; second-degree strangulation, a Class D felony; and first-degree strangulation, a Class C felony. Anyone convicted of these charges must submit a DNA sample to the state databank.

Of the more than 2,000 arrests since this new law went into effect, 803, or 40 percent, happened in Upstate New York and Long Island. In Onondaga County, 42 people were arrested under the law along with 31 people in Oneida County.

We've reported on several cases locally. Just this past Tuesday, we told you on CNY Central.com about a Utica man charged under the new law.

Back in February, another Utica man was charged under the law.

A Waterloo man was charged with the crime the same month.

Last November, a Herkimer County man was one of the first to be charged under the law.

It seems there are endless examples.

Prior to the law, it was difficult to arrest or prosecute individuals accused of strangling their victims because in the vast majority of those cases, there was no visible physical injury, even if the victim temporarily lost consciousness. As a result, the only charge individuals often faced was second-degree harassment, a violation.

"Strangulation occurs frequently in domestic violence situations, with it often characterized as 'choking' in domestic incident reports and charged as a harassment," said Amy Barasch, executive director of the state Office for the Prevention of Domestic Violence (OPDV). "In the past, individuals could be strangled almost to the point of death, but perpetrators would often go unpunished because there were no visible physical injuries. This new law recognizes the severity of this particular crime and enables law enforcement to hold offenders appropriately accountable."

"Aggressive enforcement efforts combined with smart laws like the Strangulation Act of 2010 will assist in reducing the amount of domestic violence in New York and will undoubtedly reduce the deaths, injuries and suffering needlessly caused in domestic violence incidents," said Dryden Police Chief Margaret Ryan. "The absence of marks or bruising in some choking cases often left police with the choice between misdemeanor assault or harassment offense. This new law provides better definitions of conduct and more equitable penalties for persons whose actions teeter between the loss of consciousness and death."