Up until November 2010, if there was no obvious visible physical evidence of strangulation, prosecutors were forced to lower charges against the perpetrator to a non-criminal count of harassment. But NY State has improved its choking laws since then, adding a criminal count of obstruction of breathing or blood circulation to the law, which can be proven with other courtroom tools, including witness testimony. And since the new law has been implemented, over 2,000 people have been arrested under it.

Between November 11 and February 22, there were over 2,000 people arrested under the new law, about 60 percent of them in NYC. That number of arrests in the first 15 weeks since the law took effect are "absolutely unprecedented and staggering," according to Sean Byrne, acting commissioner for the state's Division of Criminal Justice Services. Advocates say that the new law recognizes the seriousness of strangulation, which can often lead to brain damage, and is very common in domestic violence scenarios. On the NYS Office of the Prevention of Domestic Violence site, they write, "In the case of allegations of strangulation, the absence of external injuries is not uncommon and the likelihood of serious internal injuries that could result in death absent external injuries is possible."

The new law ensures that a convicted offender will remain behind bars or under scrutiny for life— anyone convicted of either felony or misdemeanor counts must submit a DNA sample to authorities. "Domestic abusers aren't usually first-time offenders and we're expecting to see that as people get convicted of these offenses it will lead to solving other crimes," said Byrne. Amy Barasch, executive director of the state Office for the Prevention of Domestic Violence, noted that 44 percent of all women killed in the state in 2009 were killed as the result of domestic violence, and that women in abusive relationships who have been strangled by their abuser are 10 times more likely to be killed at some point.