Brooklyn Man Acquitted of Second Degree Strangulation in Kings County

BROOKLYN, N.Y. - Sept. 6, 2013 - PRLog -- NY Penal Law Sections 121.11, Criminal Obstruction of Breathing or Blood Circulation and NY PL 121.12, Strangulation in the Second Degree, were added to the penal law on November 11, 2010. Strangulation in the 2nd Degree is a Class D Violent Felony, Hate Crime Specified Offense, which carries a prison term of 2-7 years, if convicted.

On February 16, 2013, the New York Times ran an article on the use of the new statute in charging individuals accused of crimes and also surveyed how it has played out in NYC courtrooms.

In Michael J. Redenburg, Esq.'s clients' case, the prosecution called as witnesses the client's ex-girlfriend ("the complainant"), a doctor from the medical examiner's office with 25 years of experience and two NYPD domestic violence officers from the 75th Precinct. For the defense, Michael J. Redenburg, Esq. called one character witness on the defense's behalf, and then rested.

The complainant testified that the firm's client pinned her down, applied pressure to her throat - for less than five minutes, but more than a few seconds -  she was dragged and pushed, landing finally on the floor. The prosecutor also called a doctor from the medical examiner's office with twenty-five (25) years of experience, who testified, on cross-examination, that the photographs depicting red marks on the complainant's neck could only be from strangulation. Next, the prosecutor called two NYPD domestic violence officers who testified for the government.

For the defense, Michael J. Redenburg, Esq. argued that the red marks on the complainant's neck, depicted in the photographs presented by the People, were the result of a hickey. Attorney Redenburg called one character witness, who testified on the client's behalf, that she had never heard anything against the client's community reputation for peaceableness.

Following 2 1/2 days of testimony and 2 days of jury deliberations, the jury of 9 women and 3 men found Attorney Redenburg's client NOT GUILTY of Stragulation 2nd Degree, NOT GUILTY on two counts of Criminal Obstruction of Breathing or Blood Circulation, but guilty of misdemeanor assault and a harassment violation.

On Septmeber 5, 2013, The Honorable Sheryl L. Parker sentenced the client to 3 years of probation, an anger management class and a full order of protection to stay away from the complainant.

Michael J. Redenburg, Esq. practices criminal defense and has successfully represented clients charged with crimes ranging from riding a bicycle on the wrong side of the sidewalk to attempted murder. For more information, Michael J. Redenburg's website can be visited at www.mjrlaw-ny.com .

This Press Release is for informational Purposes, but, according to the Professional Rules of Responsibility, probably constitutes Attorney Advertising.