Domestic Battery Strangulation Lawyer in Orlando, FL
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 a 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, or
- The parent of a child with the aggressor.
The strangulation does not have to cause actual physical harm to be prosecuted, only the risk of harm. However, cases in which physical harm has occurred are generally more serious and prosecuted more strongly.
If you are accused of strangling someone in Florida, you will most likely face felony charges of battery by strangulation.
The Orlando domestic battery strangulation lawyers at Moses & Rooth can review your case and provide possible defenses. Contact us today for a free consultation.
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.
But when facing a conviction of domestic battery by strangulation in Florida, a sentence isn’t always just prison time and monetary penalties.
One possible sentence includes completion of a batterers intervention program, which can be waived if the court explains its decision to eliminate the requirement.
A conviction for domestic violence by strangulation has other long-lasting consequences. Some of the potential consequences of a plea or finding of guilt in a domestic violence case include the following.
An Adjudication of Guilt
Even without any other penalties, an adjudication of guilt can have a far-reaching impact on your life in many ways. The adjudication becomes public knowledge and can affect your ability to get certain jobs or find housing. It can also impact your reputation and interpersonal relationships.
A Permanent Criminal Record That Is Not Eligible for Sealing or Expungement
A conviction for domestic battery by strangulation creates a permanent criminal record for others to see. Some people convicted of crimes can keep their past private by seeking sealing or expungement. However, this option is not available if you are convicted of domestic battery by strangulation. The law does not allow you to seal or expunge the record of this conviction, meaning it stays with you for life and may affect both your personal and professional opportunities.
Twenty-Six Weeks of Counseling (Batterers Intervention Program)
If convicted, you will likely have to complete a Batterers Intervention Program. This program lasts 26 weeks and involves weekly counseling sessions. Failure to complete the program can result in additional penalties, including extended probation or even jail time. The Batterers Intervention Program is often a requirement of probation, which the judge could order in addition to or in lieu of jail time.
Jail Time If the Victim Sustains Injuries
As we mentioned above, domestic battery by strangulation is a third-degree felony in Florida. If the victim sustains injuries, the penalties can include:
- Up to five years in prison;
- Fines of up to $5,000; and
- Probation time.
If there are aggravating factors, the court may impose harsher penalties. Aggravating factors might include:
- A history of violence, or
- Particularly severe harm to the victim.
As you can imagine, jail time disrupts your life, taking you away from your family, job, and community. We do everything in our power to persuade the prosecutor or judge to agree to alternative sentencing that avoids jail time.
Possible Deportation
If you’re not a United States citizen, a domestic battery conviction can have severe immigration consequences. Domestic violence is considered a deportable offense under federal immigration law. This means you could lose your legal status in the United States and be removed from the country.
Being convicted of a deportable offense could also mean that you spend time in jail and then time in an immigration detention center. Many individuals facing deportation are detained before the United States government makes a decision about removing them from the country.
Even legal permanent residents (green card holders) face deportation for domestic violence convictions. Therefore, if you are not a citizen, it’s crucial to have an experienced Orlando domestic violence attorney who understands how a criminal conviction can impact your immigration status.
Revocation of a Concealed Weapons Permit
Florida law prohibits anyone with a felony conviction from possessing firearms. Therefore, if you’re convicted of domestic battery by strangulation, you lose your right to carry or possess a firearm. Furthermore, you will likely be denied any future requests for a firearm.
Losing your right to carry a firearm can have personal and professional consequences. This is especially true for individuals who rely on firearms for work, such as security personnel.
Defense Strategies to Domestic Battery by Strangulation
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 eyewitness 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 is 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,
- Maintaing a separate residence from the victim,
- No drugs,
- No alcohol,
- No weapons,
- Refraining from criminal activity, and
- GPS monitoring/home confinement (in special circumstances).
Our domestic battery by strangulation attorneys in Orlando can also assist in filing a motion to modify these conditions and request the court make modifications, such as authorization for returning to the home or having 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 you navigate through this process.
Why You Need a Criminal Defense Attorney
The consequences of a domestic battery by strangulation conviction are serious and long-lasting. At Moses and Rooth Attorneys at Law, we understand the challenges you’re facing. Our team has decades of experience and knowledge, and we can help you build a strong defense and protect your future.
We can:
- Examine the evidence against you to identify the weaknesses in the State’s case;
- Challenge any violations of your rights, such as unlawful arrests or improper procedures, and move to suppress any resultant evidence; and
- Work to reduce or dismiss charges where possible.
Don’t wait. The sooner you seek legal help, the better your chances of achieving a favorable outcome.
Contact an Orlando Domestic Battery by Strangulation Attorney
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 or contact us online to talk to a lawyer.
Domestic Violence Strangulation FAQs
What are the penalties associated with a Domestic Battery by Strangulation charge?
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. A conviction means you face possible jail time, the charge go on your criminal record (unable to be expunged), could lead to deportation, and require mandatory counseling. Additionally, a conviction could result in a restraining or no-contact, order meaning you could lose the right to see your family.
What If I Already Have a Criminal Record?
Depending on the nature of any past convictions, the court might identify you as a habitual felony offender. Habitual offenders are subject to extended jail time that could range from a total sentence of 10 years to a life sentence.
The court must give you notice about a potential habitual offender status and have a hearing on the matter before imposing an extended sentence. We can protect you during this time.
How is strangulation defined under Florida law?
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.
Can I see my family after a domestic violence arrest?
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.
What If I Want to Take a Plea Deal?
You should speak with an attorney before you enter any plea deal with the prosecution. Even if a plea of guilty or nolo contendere will mean less prison time for you, you could still face serious setbacks, such as a permanent criminal record or removal from the United States. We can review your case to help you determine your chances at trial. We can also go over any plea deal with a fine-toothed comb to help ensure that there are no unintended consequences to your plea. Whether you choose a trial or a plea, we can help ensure you receive the best outcome.
Resource List
- Florida Statutes §943.059, link.
- Florida Statutes §943.0584, link.
- Florida Statutes §943.0585, link.
- Florida Statutes §741.281, link.
- Batterers Intervention Program, The 15th Judicial Court of Florida, link.
- 8 USC 1227, link.
- The Law of Immigration Detention: A Brief Introduction, Congressional Research Service, link.
- Florida Statutes §790.23, link.