If you have been charged with domestic battery by strangulation then you may have a defense. Self-defense and lack of intent are both defenses that are oftentimes successful when fighting domestic battery by strangulation cases, and because domestic battery by strangulation cases are oftentimes the result of a spiteful partner, these cases require a vigorous and effective defense. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your domestic battery case in Florida, contact Matthew Williams now for a free consultation.
In Florida, domestic battery by strangulation is defined under Florida Statute 784.041(2). A person commits a domestic battery when they knowingly and intentionally impede the normal breathing or blood circulation of a family member, household member, or significant other by applying pressure on the throat or neck, or by blocking the nose or mouth, in a manner that creates a risk of or actually causes great bodily harm.
Domestic battery by strangulation is a third-degree felony, meaning it is punishable by up to five years in prison, or up to five years of probation and up to $5,000 in fines (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years). In addition to facing prison time, if you are adjudicated guilty of domestic battery by strangulation then you will lose a number of constitutional rights and you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Domestic battery convictions carry mandatory punishments that must be imposed unless the State Attorney agrees to waive them as part of a plea deal. Under Florida law, domestic battery convictions have the following mandatory penalties:
- mandatory jail time if the alleged victim suffered an injury;
- completion of a 29-week Batterers Intervention Program; and
- revocation of any concealed weapons permit.
Criminal convictions, especially convictions for domestic battery, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for you and keep you from getting caught in the system, or if someone you know has been charged with domestic battery by strangulation in Florida then contact Matthew Williams now for a free consultation.