Orlando Domestic Battery Strangulation Lawyer
Defined by Florida law as intentionally depriving someone of normal breathing or circulation against his or her will, strangulation is a very serious crime, as it places the victim’s life at risk. Specifically identified as any application of pressure to the throat or neck or blocking the nose or mouth of another person, strangulation is charged as domestic battery by strangulation if the victim is:
- In a dating relationship with the aggressor
- The spouse or former spouse of the aggressor
- Any blood relative
- A relative by marriage
- Living together as a family with the aggressor
- Someone who formerly lived together as a family with the aggressor
- The parent of a child with the aggressor
The strangulation does not have to cause actual physical harm in order to be prosecuted, only the risk of harm. However, cases in which physical harm has occurred are generally more serious and prosecuted more strongly.
Penalties for Domestic Strangulation
Domestic battery by strangulation is a third degree felony. This means that, if convicted, you could face up to five years in prison, up to $5,000 in fines, or a combination of the two. The court will have some leeway to adjust your sentencing based on the circumstances of the case. One possible sentence includes completion of a batterers intervention program, which can be waived if the court explains their decision to eliminate the requirement.
A conviction for domestic violence strangulation has long lasting consequences. Some of the potential consequences of a plea or finding of guilt in a domestic violence case includes:
- Adjudication of Guilt
- Permanent criminal record which is not eligible for a sealing or expungement
- 26 weeks of counseling (Batterers Intervention Program)
- Jail time if victim injuries
- Immigration considers Domestic Violence Battery a Deportable Offense
- Concealed weapons permit will be revoked
In order for the case to qualify as domestic battery by strangulation, the prosecution must show that you acted with intent. This allows you to claim that the perceived strangulation was the result of an accident or the unintended consequence of another action.
You may also be able to claim self-defense if your accuser initiated a fight prior to the alleged strangulation. This defense may also be used if you were defending another person you believed to be in danger. Self-defense cases are much stronger when supported by eye-witness accounts, video evidence, or other proof that you were not the aggressor and that you were reasonably fearful for your safety or the safety of others.
Other defense strategies may be available to you depending on your unique situation. Claiming that the allegations are false, for example, is a reasonable defense option if your accuser has reason to want to hurt you. False allegations are most frequently alleged in situations where a difficult divorce or custody battle are ongoing.
After an arrest for a domestic violence case, the judges often include strict conditions of release. Standard conditions of release for a domestic violence case include:
- No contact with victim
- No return to residence
- Maintain separate residence from the victim
- No drugs
- No alcohol
- No weapons
- Refrain from criminal activity
- GPS monitoring/home confinement (in special circumstances)
Our firm can also assist in filing a motion to modify these conditions and request the court for modifications such as returning to the home or have contact with the alleged victim. A formal Order from a judge must be signed to have these conditions of modified. The Attorneys at Moses and Rooth are experienced in handling these situations and can help navigate you through this process.
Even if the charge is the result of a false accusation, do not try to defend yourself. The experienced attorneys at Moses and Rooth Attorneys at Law can review the facts of your case, gather all necessary evidence, file the required legal motions, and ensure that your case is heard as quickly and fairly as possible. Call (407) 377-0150 to talk to a lawyer.
Domestic Violence Strangulation FAQs
Q. What are the penalties associated with a Domestic Battery by Strangulation charge?
A. In Florida, it’s a Third Degree Felony, punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine. You face possible jail time, its goes on your criminal record (unable to be expunged), it could lead to deportation, and it requires mandatory counseling. Additionally, it could result in a restraining, or no-contact, order meaning you could lose the right to see your family.
Q. How is strangulation defined under Florida law?
A. Florida defines Domestic Battery by Strangulation as knowingly and intentionally impeding the normal breathing or circulation of the blood of a family or household member. This includes applying pressure on the throat or neck and blocking the nose or mouth.
Q. Can I see my family after a domestic violence arrest?
A. If your spouse or other loved one agrees that it’s acceptable for you to still see them after your arrest, then your criminal defense attorney can help you work with the court to reduce bail amounts and modify the conditions of release.