Domestic Battery by Strangulation
When a person is arrested for a domestic battery offense that involves alleged strangulation, it can result in highly serious felony charges. An alleged offender who is convicted of this crime can face a multitude of very severe consequences.
The prosecutors who handle these types of cases have an obligation to protect the alleged victim, and they will often seek harsh punishments against the alleged offender in order to make this happen. Unfortunately, it is not uncommon for people to face strangulation charges as a result of exaggerated or completely manufactured claims by resentful romantic partners in the midst of bitter divorce or child custody proceedings.
Fort Lauderdale Domestic Battery by Strangulation Lawyer
Have you recently been arrested for domestic battery involving charges of strangulation? It is critical that you immediately seek legal representation so you can have the best chance at obtaining the most favorable outcome to your case.
The domestic battery by strangulation attorneys at Meltzer & Bell aggressively defend clients against these charges all over Broward County, including Fort Lauderdale, Plantation, Hallandale Beach, Tamarac, Coral Springs, Davie, Coconut Creek, Margate, and Deerfield Beach. Our firm can evaluate your case and discuss all of your legal options when you call (954) 745-7457 to schedule a free, confidential consultation.
Broward County Domestic Battery by Strangulation Overview
- How can a person be charged with this crime?
- What are the possible punishments if an alleged offender is convicted?
- Are there any defenses against these charges?
Under Florida Statute § 784.041(2)(a), a domestic battery crime by strangulation is defined as being when an alleged offender “knowingly and intentionally, against the will of another, 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.” This crime is classified as a third-degree felony.
For the purposes of this law, a dating relationship means a continuing and significant relationship of a romantic or intimate nature. A family or household member is defined as:
- Former spouses
- Persons related by blood or marriage
- Persons who are presently residing together as if a family or who have resided together in the past as if a family
- Persons who are parents of a child in common regardless of whether they have been married
Except for persons who have a child in common, family or household members need to be currently residing or have in the past resided together in the same single dwelling unit.
A judge may impose several punishments when sentencing an alleged offender who is convicted of this third-degree felony offense. The sentence may include any combination of the following punishments:
- Up to five years in prison
- Up to five years of probation
- Up to $5,000 in fines
- Forfeiture of all firearms
- Ineligibility to have charge sealed or expunged from criminal record
- Mandatory completion of batterers intervention program that lasts a minimum of 29 weeks, with all costs and fees paid by the alleged offender
- Revocation of Concealed Weapon License
Too many people mistakenly assume that their case will be dismissed when an alleged victim claims that he or she wants to “drop the charges.” However, these decisions are actually made by the State Attorney.
Thus, it is important to explore alternative defenses that may include, but are not limited to:
- Alleged victim was not family or household member and did not have dating relationship with alleged offender
- Consent of alleged victim
- False allegations
- No intention to impede the normal breathing or circulation of alleged victim
Find a Domestic Battery by Strangulation Lawyer in Broward County
If you were charged with a domestic battery crime that involved alleged strangulation, you cannot afford to delay in finding legal counsel. Meltzer & Bell helps people in these types of situations in Hollywood, Wilton Manors, Weston, Pompano Beach, Miramar, Pembroke Pines, Sunrise, and the greater Fort Lauderdale area.
Our domestic battery by strangulation attorneys have more than 20 years of combined experience both prosecuting and defending these cases. You can receive an absolutely free consultation that will allow our firm to review the circumstances of your arrest and the charges you face so you can understand all of your legal options when you call (954) 745-7457 today.