Domestic Battery Strangulation Lawyer in Orlando, FL
Legal Definition of Domestic Battery by Strangulation in Florida
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.
Notably, the law requires the act to cause or create a risk of great bodily harm. Florida’s standard jury instructions clarify that “great bodily harm” means more than minor bruising or superficial injury. It must be significant enough to be distinguished from slight, trivial, or moderate harm.
This means that an accusation of strangulation can lead to felony charges even if the alleged injuries appear minimal, depending on how the act is described and interpreted by law enforcement or the alleged victim. In certain situations, this ambiguity serves as the basis for a defense.
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.
Common Misconceptions About Strangulation Charges
Many people mistakenly believe that a strangulation charge requires visible injuries or that the accuser must want to prosecute. In reality, Florida law allows prosecution without either condition being met. To help you better understand the realities of these cases, here are some key clarifications:
- You can be charged based on an allegation alone. No physical evidence is required to file charges.
- Statements made in fear or anger may still be used in court. Even if later recanted, initial 911 calls or statements to police may be admissible.
- A felony arrest does not mean there will be a felony conviction. Strong legal defenses can often reduce charges or result in case dismissal.
Understanding these points is critical if you or someone you care about is facing charges related to domestic battery by strangulation in Florida.
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 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. 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 spending time in jail and then 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.
How Prosecutors Build These Cases
Because strangulation often doesn’t leave lasting physical evidence, prosecutors may rely heavily on the testimony of the accuser, photos of minor injuries, medical assessments, and 911 recordings. Statements made during the alleged incident or to first responders may be admitted as evidence, even if the accuser later recants.
In Florida, prosecutors are not required to dismiss charges because the alleged victim no longer wishes to proceed. Instead, they often rely on a broader range of circumstantial and testimonial evidence to prove their case.
Some types of evidence commonly used to prosecute domestic violence by strangulation Florida cases include:
- Photographs of red marks, scratches, or bruises near the neck area;
- Testimony from neighbors or witnesses who heard the incident;
- 911 call recordings or police bodycam footage documenting the alleged accuser’s immediate response;
- Statements made at the scene or in a sworn affidavit; and
- Medical records describing respiratory difficulty, bruising, or related injuries.
Even in the absence of definitive physical injury, prosecutors may attempt to argue that the act itself created a sufficient risk of significant bodily harm to meet statutory requirements.
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 before the alleged strangulation. This defense may also be used if you were defending someone 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,
- Maintaining 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.
What Sets Moses & Rooth Apart
Attorneys Andrew Moses and Jay Rooth are former prosecutors who now focus exclusively on criminal defense. With more than 36 years of combined trial experience, they have earned a reputation across Central Florida for handling serious charges with discretion, determination, and results.
Clients choose Moses & Rooth because:
- We prepare every case as if it will go to trial,
- We communicate openly and directly with our clients, and
- We use strategic litigation techniques reflecting how Orlando prosecutors approach these cases.
Our attorneys have successfully handled numerous domestic violence cases in Orlando courts and fully understand the complexities of these emotionally charged prosecutions.
When your name and future are on the line, trust a defense team that treats your case like it matters. Because it does.
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. Our initial review often uncovers weaknesses in the prosecution’s case that we can leverage for dismissal or reduction of charges. 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 goes 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 ranging 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.
What Is the Difference Between Misdemeanor Battery and Felony Strangulation?
Misdemeanor battery usually involves minor physical contact or harm, while felony strangulation involves restricting someone’s breathing or circulation intentionally. Strangulation charges carry more severe penalties.
Can a Domestic Strangulation Charge Be Reduced to Misdemeanor Battery?
Yes. If the evidence does not support the required intent or injury level, prosecutors may agree to amend the charge to misdemeanor battery or attempted battery.
How Long Will a Domestic Strangulation Case Stay on My Record?
If convicted, it remains on your record permanently. However, if the charge is dropped, dismissed, or resolved with a withhold of adjudication, you may qualify for record sealing under Florida law.
Can I Seal or Expunge a Strangulation Arrest from My Record?
Possibly. If charges are dropped or dismissed, or you qualify for a withhold of adjudication, you may be eligible to seal or expunge the record under Florida law. Additional requirements apply.
What Is the Statute of Limitations for Strangulation Charges?
In Florida, the statute of limitations for a third-degree felony, such as strangulation, is typically three years from the date of the alleged offense.
Resource List
- Court-ordered sealing of criminal history records, Fla. Stat. § 943.059 (2024), link.
- Criminal history records ineligible for court-ordered expunction or court-ordered sealing, Fla. Stat. § 943.0584 (2024), link.
- Court-ordered expunction of criminal history records, Fla. Stat. § 943.0585 (2024), link.
- Court to order batterers’ intervention program attendance, Fla. Stat. § 741.281 (2024), link.
- 8.5(b) Battery by strangulation. Criminal Jury Instructions Chapter 8. Florida Bar, link.
- The 15th Judicial Court of Florida, Batterers Intervention Program, link.
- Deportable aliens, 8 U.S.C. § 1227 (2025), link.
- Florida Courts, What Florida Judges Should Know When Faced With Non-Fatal Strangulation (2020), link.
- Congressional Research Service, The Law of Immigration Detention: A Brief Introduction (September 2022), link.