Battery by Strangulation Attorney

Domestic battery by strangulation charges are strictly enforced and aggressively prosecuted under Florida law. Hiring an experienced domestic battery by strangulation lawyer is essential to safeguard your rights, establish a strong defense and immediately start negotiating with your prosecutor before formal domestic violence charges are filed against you. I have defended hundreds of domestic violence battery cases. Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaw’s in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid a domestic violence conviction.

interior luxury kitchen estate home

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

  • Were you lawfully detained and arrested?
  • Were you just a minor participant in this incident?
  • Were there any witnesses to this incident? Is there any video evidence?
  • Were you read your Miranda rights?
  • Were any of your statements illegally obtained?
  • Are there other factors or motivations that show your lack of intent to commit a crime?
  • Is there a lack of evidence or a conflict in the evidence?

    what is Domestic Battery by Strangulation

    Under Florida Statute § 784.041(2)(a), an alleged offender commits domestic battery by strangulation if he or she knowingly and intentionally, against the will of another person, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

Criminal penalties for Domestic Battery by Strangulation conviction

Domestic battery by strangulation is a serious charge and is a third-degree felony. Punishments can include:

  • a maximum punishment of 5 year in prison
  • a maximum $5,000 fine
  • community control or house arrest
  • 26 weeks BIP class
  • community service

collateral consequences of any domestic violence case

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.

  • You could be prohibited from owning a firearm
  • You could be prohibited from renting a home
  • You could find it difficult to obtain employment
  • You could find it difficult to obtain a professional license
  • You could be prohibited from obtaining a government student loan, and
  • With the access the public now has to criminal records on the Internet, you could face social stigma

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domestic battery by strangulation case law

Lopez-Macaya V. State, 3D18-545, (Fla 3rd DCA, 2019)Domestic battery by strangulation — Trial court did not err in failing to reduce domestic battery by strangulation count to simple battery because the element of great bodily harm, or risk thereof, was not established by competent and substantial evidence — State is not required to prove great bodily harm to establish crime of domestic battery by strangulation, but is required to establish only that defendant’s actions created a risk of great bodily harm, and evidence was sufficient to establish this element of offense.

Martin v. State, 3D17-1848, (Fla. 3rd DCA 2019) No double jeopardy violation resulted from separate convictions for domestic battery by strangulation and simple battery where record plainly revealed that defendant committed two separate, distinct acts of strangulation at two different times in two different locations.

Florida Domestic Battery Resources

Local Center Services | Florida Coalition Against Domestic Violence (FCADV) — FCADV is the professional association for Florida’s 42 domestic violence centers. Certified domestic violence centers provide such core services as emergency shelter, crisis counseling, safety planning, and many others. Visit this section of the FCADV website to view an interactive map and find a listing of shelters throughout the state.

The National Domestic Violence Hotline — The National Domestic Violence Hotline is a non-profit organization established in 1996 as a component of the Violence Against Women Act (VAWA). Its mission statement reads, “We answer the call to support and shift power back to people affected by relationship abuse.” Use this website to find information for victims and survivors, access statistics, and learn what to expect if you call the hotline.

ORANGE COUNTY DOMESTIC battery by strangulation LAWYER

If you were recently arrested or charged with any Florida domestic violence offense, please call my Orange County law firm at 407-740-7275 to discuss your options. I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

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Domestic battery by strangulation charges are strictly enforced and aggressively prosecuted under Florida law. Hiring an experienced domestic battery by strangulation lawyer is essential to safeguard your rights, establish a strong defense and immediately start negotiating with your prosecutor before formal domestic violence charges are filed against you. I have defended hundreds of domestic violence battery cases. Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaw’s in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid a domestic violence conviction.

interior luxury kitchen estate home

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

  • Were you lawfully detained and arrested?
  • Were you just a minor participant in this incident?
  • Were there any witnesses to this incident? Is there any video evidence?
  • Were you read your Miranda rights?
  • Were any of your statements illegally obtained?
  • Are there other factors or motivations that show your lack of intent to commit a crime?
  • Is there a lack of evidence or a conflict in the evidence?

    what is Domestic Battery by Strangulation

    Under Florida Statute § 784.041(2)(a), an alleged offender commits domestic battery by strangulation if he or she knowingly and intentionally, against the will of another person, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

Criminal penalties for Domestic Battery by Strangulation conviction

Domestic battery by strangulation is a serious charge and is a third-degree felony. Punishments can include:

  • a maximum punishment of 5 year in prison
  • a maximum $5,000 fine
  • community control or house arrest
  • 26 weeks BIP class
  • community service

collateral consequences of any domestic violence case

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.

  • You could be prohibited from owning a firearm
  • You could be prohibited from renting a home
  • You could find it difficult to obtain employment
  • You could find it difficult to obtain a professional license
  • You could be prohibited from obtaining a government student loan, and
  • With the access the public now has to criminal records on the Internet, you could face social stigma

tokyo

 

domestic battery by strangulation case law

Lopez-Macaya V. State, 3D18-545, (Fla 3rd DCA, 2019)Domestic battery by strangulation — Trial court did not err in failing to reduce domestic battery by strangulation count to simple battery because the element of great bodily harm, or risk thereof, was not established by competent and substantial evidence — State is not required to prove great bodily harm to establish crime of domestic battery by strangulation, but is required to establish only that defendant’s actions created a risk of great bodily harm, and evidence was sufficient to establish this element of offense.

Martin v. State, 3D17-1848, (Fla. 3rd DCA 2019) No double jeopardy violation resulted from separate convictions for domestic battery by strangulation and simple battery where record plainly revealed that defendant committed two separate, distinct acts of strangulation at two different times in two different locations.

Florida Domestic Battery Resources

Local Center Services | Florida Coalition Against Domestic Violence (FCADV) — FCADV is the professional association for Florida’s 42 domestic violence centers. Certified domestic violence centers provide such core services as emergency shelter, crisis counseling, safety planning, and many others. Visit this section of the FCADV website to view an interactive map and find a listing of shelters throughout the state.

The National Domestic Violence Hotline — The National Domestic Violence Hotline is a non-profit organization established in 1996 as a component of the Violence Against Women Act (VAWA). Its mission statement reads, “We answer the call to support and shift power back to people affected by relationship abuse.” Use this website to find information for victims and survivors, access statistics, and learn what to expect if you call the hotline.

ORANGE COUNTY DOMESTIC battery by strangulation LAWYER

If you were recently arrested or charged with any Florida domestic violence offense, please call my Orange County law firm at 407-740-7275 to discuss your options. I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

Print Friendly, PDF & Email