Is criminal obstruction of breathing a felony?

Is Criminal Obstruction of Breathing a Felony?

Criminal obstruction of breathing, also known as suffocation or choking, is a serious offense that can have severe consequences. But is it a felony? In this article, we will delve into the laws surrounding criminal obstruction of breathing and explore the answer to this question.

What is Criminal Obstruction of Breathing?

Criminal obstruction of breathing is a type of assault that involves intentionally blocking or obstructing a person’s airway, thereby preventing them from breathing. This can be done through various means, such as:

• Placing a hand or object over the person’s mouth and nose
• Pinching or constricting the person’s throat
• Using a weapon, such as a gun or knife, to threaten or harm the person
• Using physical force to hold the person down or restrict their movement

Is Criminal Obstruction of Breathing a Felony?

The answer to this question depends on the jurisdiction and the specific circumstances of the offense. In the United States, criminal obstruction of breathing is typically charged as a misdemeanor or a felony, depending on the severity of the offense and the intent of the perpetrator.

Felony Charges

In some states, criminal obstruction of breathing can be charged as a felony if the perpetrator:

• Uses a deadly weapon or threatens to use a deadly weapon
• Causes serious physical harm or injury to the victim
• Committed the offense with the intent to kill or cause serious harm
• Has a prior conviction for a similar offense

Misdemeanor Charges

In other states, criminal obstruction of breathing may be charged as a misdemeanor if the perpetrator:

• Does not use a deadly weapon or threaten to use a deadly weapon
• Does not cause serious physical harm or injury to the victim
• Does not have a prior conviction for a similar offense

Consequences of Criminal Obstruction of Breathing

Regardless of whether the offense is charged as a felony or a misdemeanor, the consequences of criminal obstruction of breathing can be severe. The perpetrator may face:

• Jail time: Ranging from a few months to several years
• Fines: Ranging from hundreds to thousands of dollars
• Probation: Supervised release from custody for a period of time
• Restitution: Payment to the victim for any losses or expenses incurred as a result of the offense

Defenses to Criminal Obstruction of Breathing

If you are charged with criminal obstruction of breathing, it is essential to consult with a criminal defense attorney to explore your options. Some possible defenses to this offense include:

• Self-defense: If you were acting in self-defense, you may be able to argue that your actions were justified
• Accident: If the obstruction of breathing was accidental or unintentional, you may be able to argue that you did not intend to harm the victim
• Lack of intent: If you did not intend to obstruct the victim’s breathing, you may be able to argue that you did not have the necessary intent to commit the offense

Table: Felony vs. Misdemeanor Charges for Criminal Obstruction of Breathing

Conclusion

Criminal obstruction of breathing is a serious offense that can have severe consequences. Whether it is charged as a felony or a misdemeanor, it is essential to understand the laws surrounding this offense and the potential penalties associated with it. If you are charged with criminal obstruction of breathing, it is crucial to consult with a criminal defense attorney to explore your options and protect your rights.

Important Points to Remember

• Criminal obstruction of breathing is a serious offense that can result in severe consequences
• Felony charges are typically reserved for more serious offenses that involve the use of a deadly weapon, serious physical harm or injury, or intent to kill or cause serious harm
• Misdemeanor charges are typically reserved for less serious offenses that do not involve the use of a deadly weapon, serious physical harm or injury, or intent to kill or cause serious harm
• Defenses to criminal obstruction of breathing may include self-defense, accident, or lack of intent