Domestic Battery by Strangulation

Domestic Battery by Strangulation

Violation of Domestic Violence Injunction

Domestic Battery by Strangulation

What the prosecutor must prove in an accusation of Domestic Battery by Strangulation
According to Florida Statute § 784.041, the offense of Domestic Battery by Strangulation occurs when a Defendant:

  1. Knowingly and intentionally impedes the normal breathing or circulation of the blood of the victim against his or her will by applying pressure on the throat or neck or by blocking the nose or mouth of victim;
  2. In so doing, the Defendant created a risk of great bodily harm to the victim or caused great bodily harm to the victim;
  3. The Defendant was a family or household member of or in a dating relationship with the victim.

What are the maximum penalties in a Domestic Battery by Strangulation 
case?
In Florida, a Domestic Battery by Strangulation is a third-degree felony punishable by a maximum of:

  1. 5 years imprisonment
  2. A $5,000.00 fine
  3. 5 years of probation

What are some of the other consequences of a conviction for Domestic Battery by Strangulation?

  1. If the Defendant is adjudicated guilty, the law instructs the judge to sentence the Defendant to a minimum 5 days in jail where “bodily harm” has been shown;
  2. The Defendant must complete a domestic violence program;
  3. The Defendant may not seal or expunge his or her Domestic Battery by Strangulation charge;
  4. Under federal law the Defendant will lose his or her right to possess a firearm;
  5. The state will revoke the Defendant’s concealed weapon’s permit.

Possible Defenses to a Domestic Battery by Strangulation Charge:

 

  1. The Florida Stand Your Ground Law

Under the Florida Stand Your Ground Law a person is justified in using force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other’s imminent use of unlawful force.

  1. Self Defense to a Domestic Battery by Strangulation charge

Even when a judge rules that the Florida Stand Your Ground Law does not apply in a case, a person accused of Domestic Battery by Strangulation can still claim he or she acted in Self-Defense.

If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using a Domestic Battery by Strangulation to protect himself or herself, then the jury or judge should find the person not guilty.

  1. The Witnesses are Lying

Alleged victims and witnesses in a Domestic Battery by Strangulation cases sometimes make false accusations because they have a motive to lie.  For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to claim a Domestic Battery by Strangulation occurred when it did not.  A Defense Attorney can expose these motivations and attack false allegations.

A Common Question Regarding a Domestic Battery by Strangulation Charge

  1. Does the State Have to Dismiss the Domestic Battery by Strangulation Case if the Victim Decides Not To Prosecute?

No.  Although the victim can request that the State Attorney’s Office not prosecute, the decision whether or not to prosecute is up to the prosecutor.  If the prosecutor can prove the case using other witnesses, videos, photos, or a 911 call, they will normally proceed with the case with or without the victim.

Are you looking for the best lawyer for a Domestic Battery by Strangulation charge in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Domestic Battery by Strangulation.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Battery cases.

If you or a loved one has been arrested for Domestic Battery by Strangulation in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.