Former State Prosecutor
Domestic Battery by Strangulation
Domestic Battery charges can take many forms under Florida law. Typically domestic battery charges fall under the category of assault and battery in the Florida Criminal Code. There is a specific charge called “domestic battery by strangulation” that is commonly brought in domestic violence allegations. This charge is a serious felony and you need a lawyer by your side that can defend you against this charge.
any times in domestic violence situations, allegations of abuse are either completely unfounded or grossly exaggerated. If you are charged with domestic battery by strangulation in St. Petersburg, then it is essential for you to contact a lawyer as soon as possible to defend yourself against the charges.
Melinda Morris is a former state prosecutor and understands that tactics prosecutors use to convict people. With the knowledge she gained from prosecuting domestic violence cases, she is able to craft a defense that will defeat the prosecution. If you are charged with domestic battery by strangulation in Pinellas County, don’t hesitate to call (727) 388-4736 for a consultation on your domestic violence case.
What is Domestic Battery by Strangulation?
Under Florida Statute § 784.041(2)(a), Domestic Battery by Strangulation has the following elements:
In plain English, an allegation of domestic battery by strangulation means that you tried to choke your intimate partner. In order to be convicted of domestic battery by strangulation, the prosecution needs to show that by choking your intimate partner, you intended to cause “great bodily harm” by obstructing the mouth or nose of the alleged victim to stop respiration. By stopping the alleged victim from breathing, it is possible to cause brain damage due to oxygen deprivation. Because choking can cause serious damage and even death, domestic battery by strangulation is a third degree felony punishable by up to 5 years in prison.
Defenses to Domestic Battery by Strangulation
It is possible to defend against a domestic battery by strangulation charge. The easiest method is to disprove one of the elements of the charge. In most cases, the defendant does not have the “intent” to stop the breathing of the alleged victim.
In domestic violence situations, typically both parties are mutually fighting or one person is fighting and the other person is trying to protect themselves from injury. Based on the injuries sustained, it can be shown whether or not there was intent to strangle the victim. If there are no marks or injuries to the neck then there was no intent to strangle the victim.
Another part of the charge is that the defendant has to knowingly stop the normal breathing of the victim. It is possible for the defendant to have touched the victim without stopping the normal breathing pattern. If the victim was able to scream, yell, or talk during the course of the altercation, there is no way that the breathing pattern was interrupted.
Another part of the law says that the alleged victim must be someone you were in a relationship with or you formerly were in a relationship with. Sometimes a spurned acquaintance can make up a completely fabricated story to get revenge for being rejected.
The defenses are tailor made to your particular situation and facts. A great deal of domestic violence cases are fabricated so that the alleged victim can get the upper hand in child custody disputes, divorce cases or other matters.
Morris Law Firm | St. Petersburg Domestic Battery by Strangulation Attorney
The Morris Law Firm is committed to representing persons who are faced with domestic battery by strangulation charges. If you have been charged with domestic battery by strangulation in Pinellas County or St. Petersburg, contact the Morris Law Firm to speak with a St. Petersburg family violence attorney. Our goal is to protect your constitutional rights and defend your case to obtain the lowest possible punishments.
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