Domestic Battery by Strangulation - Florida Statutes 784.041(2)
Are you being charged, in Palm Beach County, Florida, with Domestic Battery by Strangulation? We are Domestic Battery by Strangulation attorneys located in West Palm Beach. When you are arrested for Domestic Battery by Strangulation you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney that has extensive experience in Domestic Battery by Strangulation cases. Your attorney needs to have knowledge and experience but also needs to know the players. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your Domestic Battery by Strangulation case is extremely important. We ask that you consider our South Florida Criminal Defense Attorneys.
This is a serious charge. Domestic battery by strangulation happens when one family member or significant other chokes the victim. Sometimes these charges are legitimate and other times an angry family member or loved one uses the “situation” to get the defendant in trouble. Situations for this charge can be created in fighting. For example, a husband covers the mouth of his screaming wife during a fight but things escalate and she tells the police that he tried to stop her breathing. The police arrest and charge him with domestic battery by strangulation.
When a defendant is charged with this crime, a nasty situation happens. Once the victim gets the “ball rolling” with the criminal justice system, the victim cannot stop it. This is not like on TV where the wife says she wants to drop the charges and the prosecutor drops them. The state prosecutor is the one who decides whether to drop the charges against the defendant, not the victim. To make matters even worse, the state prosecutor might not drop the case but subpoena the victim (family member/ loved one) to testify against the defendant.
Definition of Domestic Battery by Strangulation
For a defendant to be convicted of domestic battery by strangulation under Florida Statute 784.041(2), the prosecutor must prove beyond a reasonable doubt that:
- The defendant knowingly and intentionally hindered the normal breathing/ blood flow of the victim without their consent by choking them or covering their mouth and nose;
- The strangling created a risk of serious physical injury or caused a serious physical injury; and
- The defendant was a family member or romantic lover.
A family member can be a current or former spouse, relative by blood or marriage, person that is formerly or currently living together with the defendant as if a family in the same home, or an individuals who had a child together with the defendant.
The defendant may be initially charged with simple battery but the state attorney, if the facts allow for it, can change the charge to a domestic violence charge. Sometimes the police and prosecutors do not know all the facts at first and state prosecutors are not required to charge the defendant with the most serious charge possible. The state prosecutor is going to be determining what charges are going to be filed against you.
The facts surrounding the case determine what types of defenses are used. The defendant might have some potential defenses depending on the situation. One defense is that the defendant was trying to defend himself from the “victim’s” attack and the defendant did not have the intent to strangle the victim.
Punishment for Domestic Battery by Strangulation
Domestic battery by strangulation is a serious charge and is a third-degree felony which has a maximum punishment of 5 year in prison and a $5,000 fine. An individual convicted of domestic violence will have to spend a minimum of 5 days in jail.
Consequences of Domestic Battery by Strangulation
A domestic battery conviction on your record can never be expunged or sealed. You lose your right to have a gun on probation. Your concealed weapons permit will be revoked.
Contact the Law Office of Roger P. Foley, P.A.
Our law firm serves clients in the Palm Beach County or the Broward County area. Our Delray Beach Domestic Battery Attorneys can help you understand your legal options and help with vigorously defending your case.