St. Petersburg Domestic Battery by Strangulation Attorneys

Domestic Violence Strangulation Charges in Florida

Florida courts take any kind of domestic battery charge very seriously. If you are facing this type of crime, you are at risk for jail time, heavy fines, court-ordered programs such as anger management, and a restraining order against the victim. You may be forced to vacate your home, stay away from the victim, and may lose child custody rights. Because of the very serious nature of any kind of domestic violence, you need an attorney immediately.

At Morris Law Firm, P.A., you can bring your case to a former domestic violence prosecutor who understands better than anyone else the tactics that prosecutors use to make convictions. Our criminal defense team can craft a defense that will counteract those tactics. We have the insight, skills, and resources to ensure your rights are protected and that you have a thorough and effective defense. With decades of combined experience in handling such cases in the local county courts, we can develop a strategy aimed at helping you avoid the negative consequences of a domestic violence conviction.

Reach out to Morris Law Firm, P.A. online or at (727) 592-5885 to schedule a consultation with one of our attorneys about how to defend your case. 

What Does Domestic Battery By Strangulation Mean in Florida?

Domestic battery by strangulation is a specific type of offense that falls under the umbrella term of “domestic violence.”

Under Florida Statute § 784.041(2)(a), this offense has the following elements:

1. It is committed knowingly and intentionally
2. It is committed against the other person’s will
3. It interrupted the other person’s normal pattern of breathing or blood circulation
4. It is committed against a member of your family or against a romantic partner

Put more simply, this means that you attempted to choke your family member or intimate partner. In order to convict you, the prosecution must demonstrate you intended great bodily harm when you purposefully choked him or her. It must be shown that this harm was caused by obstructing the other person’s nose or mouth to stop his or her breathing and thus causing oxygen deprivation.

Choking can cause serious injury and even death. Because of this, domestic battery by strangulation is a third-degree felony punishable by up to 5 years in prison. Additional penalties can include completion of a batterer’s program, loss of gun rights, and ineligibility for expungement of your criminal record.

Defending Domestic Battery by Strangulation

Defending against this charge can be done by disproving one of its elements. In many cases, the defendant did not have the “intent” to stop the breathing of the other person.

Domestic violence situations typically involve both parties mutually fighting or one person fighting while the other tries to protect against injury. In these cases, the basis of “intent” to strange and stop the other person’s breathing can be demonstrated by whether the victim sustained injuries. If no marks or injuries to the neck can be shown, then intent to strangle did not occur.

Another part of the charge rests on the defendant knowingly stopping the normal breathing of the victim. In some cases, the defendant may have made contact with the victim without having stopped him or her from normal breathing. A victim who was able to talk, yell, or scream during the incident is not one who couldn’t breathe.

The law also states that the alleged victim must be someone with whom you had a current or former relationship. However, in some cases you may have spurned an acquaintance who then invented a fabricated incident as a way to get revenge for having been rejected. Any defense is tailor-made to the specific circumstances and facts. Many domestic violence cases are based on misrepresentation, exaggerations, and lies on the part of the alleged victim. These fabrications are often made to gain leverage in matters such as child custody disputes, divorce cases, or other issues.

Committed & Experienced Legal Help at Morris Law Firm, P.A.

Many times in domestic violence situations, allegations of abuse are unfounded or grossly exaggerated. However, that does not mean you won’t be charged. Because of this, you need an attorney as soon as possible to defend you.

At our firm, we are committed to providing you with outstanding legal representation. Our legal team has first-hand experience dealing with criminal charges on a daily basis, from initial arrest through all phases up to a jury trial. We have the know-how, skills, and tenacity you need when fighting for your future and freedom. Our goal is help you obtain the best possible result based on the facts and circumstances of your case.

We are available 24/7 at (727) 592-5885 to take your calls. Call now to arrange for a consultation with a St. Petersburg domestic battery by strangulation lawyer.