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 Florida criminal defense attorney 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.
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
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 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 at 941-444-4444 for an experienced, knowledgeable criminal defense attorney who will be the advocate in your corner when you need one the very most.