The crime of Domestic Battery by Strangulation is an aggressively prosecuted crime in the state of Florida. While the crime is certainly a serious one, there are, unfortunately, instances in which the alleged victim is making false allegations. False allegations are often made during a divorce, in order to gain some type of advantage, or in an attempt to gain custody of the children. Obviously, not all cases of Domestic Battery by Strangulation are the result of false allegations, and you may have actually committed the crime in the heat of an argument.
Whatever the circumstances surrounding your charges of Domestic Battery by Strangulation, it is imperative that you contact an experienced Sarasota criminal defense lawyer from The Law Place as soon as possible. The penalties for a conviction of Domestic Battery by Strangulation are harsh, which means you need and deserve a strong legal advocate in your corner from start to finish. We offer a free consultation and our phone lines are open 24/7, so don’t hesitate to give us a call.
What is Domestic Battery by Strangulation?
The crime of Domestic Battery by Strangulation is defined under Florida Statutes, Section 784.041(2)(a) as intentionally impeding the normal blood circulation or breathing process of a significant other, household member or family member by applying substantial pressure on the neck or throat, or blocking the nose or mouth, creating the risk of great bodily harm, or actually causing great bodily harm.
Penalties You Could Face for a Conviction of Domestic Battery by Strangulation
If charged with Domestic Battery by Strangulation, you are facing a very serious third-degree felony. If you are convicted of the crime, you could be subject to the following penalties:
- A maximum of five years in a Florida state prison
- Mandatory completion of a 29-week Batterer’s Intervention Program
- Up to five years of probation, and
- A maximum fine of $5,000
Additionally, you will face the same consequences you would face for any criminal conviction, such as:
- You could be prohibited from owning a firearm
- You could be prohibited from renting a home
- You could find it difficult to obtain employment
- You could find it difficult to obtain a professional license
- You could be prohibited from obtaining a government student loan, and
- With the access the public now has to criminal records on the Internet, you could face social stigma
Defenses to the Crime of Domestic Battery by Strangulation
While the exact defense your Florida criminal defense attorney will use on your behalf will depend on the circumstances surrounding the alleged crime, as well as your prior criminal history, below are some potential defenses to Domestic Battery by Strangulation:
- You were defending yourself from being attacked
- You were defending another person from being attacked
- The injuries to the alleged victim were a result of something or someone else, and were not the result of an action by you
- The allegations are false
- The injuries to the alleged victim were the result of an accident or unintentional act, or
- The injuries are too trivial to rise to the definition of Domestic Battery by Strangulation
Sarasota strangulation lawyer FAQ
Is strangulation considered a serious domestic violence offense in Florida?
Yes, strangulation is viewed as a severe form of a domestic violence offense in Florida. The act of cutting off someone’s air supply or blood flow is dangerous and can lead to severe injuries or even death.
How is a strangulation charge different from other domestic violence crimes?
Strangulation stands out from other domestic violence crimes because of its life-threatening nature. When someone applies force to another person’s neck, it can cause a lack of oxygen, leading to unconsciousness and potential brain damage or death.
Are all strangulation charges treated as felonies?
Not all strangulation charges are treated as felonies, but due to their serious nature, they often carry heavier penalties than many other domestic violence offenses. The specifics of the case, such as the severity of the injury and the circumstances surrounding the incident, will determine the exact criminal offense.
How does Florida differentiate between domestic violence misdemeanors and felonies?
Florida law differentiates based on the severity and consequences of the act. While some domestic violence cases, like simple assault, may be treated as misdemeanors, acts like strangulation that pose a significant risk of severe injury or death are often classified as felonies.
Can someone be charged with both strangulation and domestic violence battery?
Yes, it’s possible for an individual to face multiple charges. If a person commits an act of strangulation alongside other acts of physical harm, they could be charged with both domestic violence battery and strangulation.
What constitutes a domestic relationship in the context of these charges?
A domestic relationship in Florida typically involves family or household members. This can include spouses, ex-spouses, relatives by blood or marriage, people who live together as a family, and parents who share a child, regardless of their marital status.
What areas do you serve?
The Law Place serves clients throughout Florida, including Sarasota County, Tampa, Pinellas County, Hillsborough County, and Orlando.
Call The Law Place for Experienced Criminal Attorneys
There may be much deeper issues behind the altercation and allegations, therefore it is important that you contact a criminal defense attorney from The Law Place as soon as possible. Our criminal attorneys attorneys have the experience and the knowledge of Florida laws to defend you against the charges of Domestic Battery by Strangulation.
We will work hard to have the charges dismissed or reduced, and, in the event of a conviction, we will work to have your penalties reduced, to the extent possible. Contact The Law Place today for an experienced, knowledgeable criminal defense attorney who will be the advocate in your corner when you need one the very most.