Domestic Battery by Strangulation

Domestic violence cases can potentially have severe legal and social consequences. Any experienced criminal defense attorney knows that domestic violence cases have very severe implications for both the victims and those accused, so therefore each case must be very precise and calculated. Domestic Violence in the state of Florida is considered to be a misdemeanor, however a common charge that is issued to those accused of domestic violence is Domestic Battery by Strangulation, which is a felony of the third degree. This is a very serious offense and hiring an experienced criminal defense attorney is the best defense against the law.

Domestic Battery by Strangulation is defined in Florida Statute 784.041 as

  1. A person commits felony battery if he or she:
    1. Actually and intentionally touches or strikes another person against the will of the other; and
    2. Causes great bodily harm, permanent disability, or permanent disfigurement.
    1. A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

As a felony of the third degree, the following penalties could be issued to those convicted of Domestic Battery by Strangulation:

  • Up to 5 years in prison
  • Up to 5 years probation
  • Up to $5,000 in fines
  • Mandatory Batterer’s Intervention Course
  • Forfeit firearm permit
  • Forfeit all firearms
  • No eligibility for expungement
  • Court costs

There are many ways in which a strong criminal defense attorney can defend a person accused of Domestic Battery by Strangulation. Since Florida Statutes considers the act of “intentionally [touching or striking] another person against their will” (or in this case, strangled) is grounds for a felony battery charge, the prosecution must prove that the defendant intentionally strangled the victim with the intention of inhibiting their ability to breathe. The defense can also challenge the credibility of the accusation as well as that of the accuser. Due to the severity of the charge, every detail of the case must be thoroughly examined in order to make the proper judgement in court. A common way that domestic battery cases are resolved the discovery that both parties involved were mutually combative, meaning that a fight was instigated and started by one person and the other retaliated. Domestic violence implies that an innocent victim was battered by a family member or intimate partner.

If you have been charged with Domestic Battery by Strangulation, call the South Florida criminal defense lawyers at The Ansara Law Firm at (954) 761-4011 for quality legal representation.