Domestic battery by strangulation is a serious offense under Florida law. It is when a family member intentionally impedes the normal breathing of another family member or household member. Strangulation cases can be very difficult to defend. Often allegations are a result of false accusations by a spurned partner.
Domestic battery by strangulation can result in felony charges. Conviction can lead to steep fines and a potential prison sentence. If you or someone you know has been charged with domestic battery by strangulation, it is vital that you seek a defense attorney.
Attorneys for Strangulation in Fort Pierce, FL
Have you been accused of domestic battery by strangulation or other domestic violence-related offenses in the Treasure Coast area? This is not a time to be idle. Find a skilled defense attorney who specializes in criminal defense with Meltzer & Bell.
At Meltzer & Bell, we strive to get the best possible results for each and every one of our clients. Our attorneys have over 20 collective years of experience. We will use that knowledge to explore all legal avenues with you. There is no reason to give up hope. Contact an attorney at Meltzer & Bell today.
Meltzer & Bell accepts clients throughout the St. Lucie County and Martin County area including Jupiter Island, Fort Pierce, Stuart, Ocean Breeze, and Fort Pierce.
Call (772) 248-1215, or simply submit an online contact form to schedule your free consultation today.
Overview for Domestic Battery by Strangulation in FL
Elements for Domestic Battery by Strangulation in Florida
Florida Statute § 784.041 outlines the following elements that a person must meet to be convicted of domestic battery by strangulation. If a person commits domestic battery by strangulation he or she knowingly and intentionally:
- Impeded the normal breathing and circulation of the blood of the alleged victim against his or her will by applying pressure on the throat or neck of the alleged victim or by blocking the nose or mouth of the victim; and
- By doing so, the defendant created a risk of great bodily harm to the victim.
What separates a domestic battery by strangulation is who the act is directed towards. There must be a specific relationship between both parties. The defendant and victim must be either family or household members under Florida law. The following are the types of relationships that can be considered “family” or “members of a household:”
- Those who have child(ren) in common;
- Individuals who reside together in a household;
- Individuals who previously resided together in a household;
- Those related by marriage or blood;
- Individuals who are former spouses;
- Those who reside together as a family;
- Couples who have had a dating relationship for at least six months.
Florida Penalties for Domestic Battery by Strangulation
In Florida, the crime of domestic battery by strangulation is a third degree felony. A third degree felony is punishable by up to five years in prison, and a possible fine of $5,000. In addition, domestic battery by strangulation is considered a Level 6 offense under Florida’s Criminal Punishment Code.
Domestic battery by strangulation can carry collateral consequences upon conviction. The following are some further legal requirements in addition to the statutory penalties for domestic battery by strangulation.
- Revocation of any concealed weapons permit;
- Ineligible to ever have your records be Sealed or Expunged;
- Forfeiture of right to have a gun while on probation, even for a misdemeanor; and
- Mandatory completion of 29 Week Batters Intervention Program.
The National Domestic Violence Hotline – Visit the official website for the National Domestic Violence Hotline. The Hotline provides lifesaving tools and immediate support to enable victims to find safety and live a life free of abuse. Find more information about survivor stories, safety planning, and resources for local authorities for those who struggle with domestic violence.
Domestic Violence Information – Visit the official website for Ken J. Mascara and the St. Lucie County Sheriff’s Office. Read more regarding a citizen’s guide for domestic violence laws. Gain access to resources for domestic violence in both Spanish and English.
Lawyers for Strangulation in St. Lucie County, FL
Have you been accused of strangulation in a domestic violence scenario? Even if the allegations are false, the legal penalties are very real. Despite all the confusing circumstances, you must take actions to protect yourself. Contact an attorney at Meltzer & Bell today.
The attorneys at Meltzer & Bell are dedicated to providing quality and strategic defenses for their clients. We are passionate about criminal defense. It is a fundamental right for every person to have a fair and speedy trial. We want to preserve that right for you. Our attorneys can file motions, suppress evidence, and explore all legal options for your case. Find an attorney who is skilled in defense today. Contact the attorneys at Meltzer & Bell now.
Our attorneys at Meltzer & Bell have defended those who have allegations of domestic violence throughout both Martin County and St. Lucie County including Jupiter Island, Port St. Lucie, and Fort Pierce.
Dial us today at (772) 248-1215, or simply submit an online contact form for a free consultation.
This article was last updated September 5, 2018