Domestic Battery by Strangulation in Florida

DOMESTIC BATTERY BY STRANGULATION IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of Domestic Battery by Strangulation in Florida?

Under Sec. 784.041, Florida Statutes, the elements of Domestic Battery by Strangulation in Florida are:

• A person applied pressure on the neck or throat or blocked the nose or mouth of another person;
• The person knowingly and intentionally impeded the normal breathing or circulation of the other person against that person’s will so as to create a risk of or cause great bodily harm; AND
• The other person was a spouse, former spouse, person related by blood or marriage, person who is or was residing with the offender as if a family, or person who has a child in common with the offender.

What are the Penalties for Domestic Battery by Strangulation in Florida?

Domestic Battery by Strangulation is a third-degree felony in Florida, punishable by up to 5 years of prison or probation, and a $5,000 fine.

Because it is a crime of domestic violence, the court is also required to impose the following additional penalties:

• A minimum term of 1 year of probation
• Completion of a 29-week batterer’s intervention program
• A minimum of 10 days of jail if any person was bodily harmed

How Can I Fight a Charge of Domestic Battery by Strangulation in Florida?

When charged with Domestic Battery by Strangulation in Florida, it’s crucial to understand the defenses available.

Motion to suppress

One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights.

Alibi Defense

Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.

FAQs

What is the punishment for Domestic Battery by Strangulation in Florida?

Domestic Battery by Strangulation is a third-degree felony in Florida, punishable by up to 5 years of prison or probation, and a $5,000 fine. Additional penalties include a minimum term of 1 year of probation, completion of a 29-week batterer’s intervention program, and a minimum of 10 days of jail if any person was bodily harmed.

What constitutes Domestic Battery by Strangulation?

Domestic Battery by Strangulation involves applying pressure on the neck or throat or blocking the nose or mouth of another person, knowingly and intentionally impeding the normal breathing or circulation of the other person against that person’s will so as to create a risk of or cause great bodily harm, and the other person being a spouse, former spouse, person related by blood or marriage, person who is or was residing with the offender as if a family, or person who has a child in common with the offender.

Can I fight a charge of Domestic Battery by Strangulation in Florida?

Yes, there are several defenses available to fight a charge of Domestic Battery by Strangulation in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

How can Leppard Law help me with a charge of Domestic Battery by Strangulation?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

RETAIN A HIGHLY EXPERIENCED DEFENSE LAWYER IN CENTRAL FLORIDA

If you or anyone you know is arrested and charged with Domestic Battery by Strangulation. this would mean that the moment you are accused, you are already fighting for your rights, liberty, and your future.

The government has a number of attorneys, investigators and the whole police department at their disposal. A criminal record can be detrimental to your future, it can create many obstacles and will make it difficult to get through other hurdles. Given that the stakes are high, you would need the best legal assistance you could get.

Our attorneys at Leppard Law are determined, aggressive, and devoted. We offer FREE consultation and are able to take your call at any time. Contact us today!