Domestic Violence by Strangulation 

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One of the major concerns by the legislature in the recent past are household members, or family members, who attack one another by putting their hands around the other’s neck. Unfortunately, this offense is all too common and the legislature has deemed situations like this to be a felony as opposed to misdemeanor. This statute is found in Florida Statutes 784.041(2)(a) and the elements of the offense are outlined in Florida Standard Jury Instructions Section 8.5(a).

Facing Domestic Violence Charges? Contact us today at (386) 280-4977 for a confidential consultation and let us help protect your rights.

What is Domestic Violence by Strangulation?

To prove Domestic Battery by Strangulation, the prosecution must establish three key elements beyond a reasonable doubt. First, the accused must have intentionally impeded the victim’s breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. Second, the action must have created or caused great bodily harm to the victim. Lastly, the accused must have been a family or household member or in a dating relationship with the victim.

"Family or household member" includes spouses, former spouses, relatives, or anyone living together as a family or sharing a child, while a "dating relationship" refers to an ongoing romantic or intimate relationship. As a former prosecutor, Attorney Matt Thompson has extensive experience in handling such cases, having received specialized training on recognizing signs of domestic violence by strangulation.

The penalties for Domestic Violence by Strangulation are severe. As a felony, it carries the potential for up to five years of imprisonment, five years of probation, and a fine of up to $5,000. In addition, the accused may be required to attend an expensive and lengthy Domestic Violence Intervention program. Given the serious nature of the charge, the State is typically less inclined to offer plea deals or negotiate lesser sentences.

Legal Defenses for Domestic Violence by Strangulation Charges

When facing accusations of domestic violence by strangulation, there are several possible defenses that can be used:

• Self-defense: The accused may argue that they were acting to protect themselves from imminent harm. If the accused can prove that they were in fear for their safety, this defense could be a strong option.
• Lack of intent: Strangulation is a crime that requires intent. If the accused did not intend to obstruct the victim's breathing or blood circulation, they may argue that the act was accidental or unintentional.
• Mistaken identity: Sometimes, a person may be wrongly identified as the perpetrator of the crime. This defense involves showing that someone else committed the act and that the accused is being falsely accused.

An experienced attorney can challenge the evidence, including questioning the victim's testimony. For example, they can point out inconsistencies in the victim’s statements, dispute the severity of injuries, or argue that there is insufficient evidence to prove the crime beyond a reasonable doubt.

The Impact of a Domestic Violence by Strangulation Conviction

A conviction for domestic violence by strangulation can have serious and long-lasting consequences:

• Criminal record: A felony conviction means a permanent criminal record, which can affect many aspects of life, including job opportunities, housing, and social reputation.
• Job prospects: Many employers conduct background checks, and a felony conviction may prevent the accused from securing employment, especially in fields involving care, education, or public safety.
• Housing: Some landlords may deny housing to individuals with a criminal record, making it harder to secure a place to live.
• Reputation: A domestic violence conviction can tarnish an individual's reputation and lead to a loss of trust among family, friends, and colleagues.

Protective Orders and Restraining Orders

In cases of domestic violence by strangulation, victims often seek protective orders to ensure their safety. Here's how these orders work:

• Obtaining a protective order: A victim can request a protective order from the court, which may restrict the accused from having any contact with the victim. These orders are meant to provide immediate safety to the alleged victim.
• Impact on the accused: The accused may be prohibited from contacting the victim, their family, or going to places where the victim frequents. This can have a significant impact on their daily life, including losing access to the home or shared living space.
• Eviction from the home: In some cases, the accused may be forced to leave their home if the protective order is issued. This can result in added stress and financial difficulties for the accused while the case progresses.

Understanding these legal proceedings is crucial, and having an experienced attorney can help navigate both the criminal defense and the implications of protective orders.

Frequently Asked Questions About Domestic Violence by Strangulation

• What should I do if I am falsely accused of domestic violence by strangulation? 
  If you are falsely accused of domestic violence by strangulation, it’s essential to seek legal representation immediately. A qualified attorney can help you understand your rights, challenge the evidence, and gather any information that may disprove the allegations. Your attorney will also guide you on how to avoid self-incrimination and ensure that your defense is strong.
• How can an attorney help with a domestic violence by strangulation case? 
  An experienced attorney will investigate the details of your case, review evidence, and examine the victim’s testimony. They will look for inconsistencies, assess whether the elements of the crime have been proven, and challenge the sufficiency of the evidence. A skilled lawyer will also explore potential defenses, such as self-defense or lack of intent, and work to minimize penalties or secure a favorable outcome.
• Can I be charged with domestic violence by strangulation even without physical injuries? 
  Yes, you can still be charged with domestic violence by strangulation even if the victim did not sustain physical injuries. The law focuses on the intentional act of impeding the victim's breathing or blood circulation, which creates a risk of harm. Even if no visible injury is present, the act itself can lead to felony charges.
• What happens if there is a protective order against me? 
  If a protective order (restraining order) is issued against you, it can severely limit your ability to contact the alleged victim or return to shared living spaces. Violating this order can lead to further criminal charges. Your attorney can assist in addressing or contesting the order if necessary, while also working to protect your rights during the legal process.
• How can a domestic violence conviction affect my future? 
  A domestic violence conviction can have significant long-term consequences. Aside from jail time or probation, it can lead to a criminal record, which may impact your employment opportunities, housing prospects, and even child custody arrangements. Additionally, a felony conviction can affect your reputation and future relationships, making it crucial to seek legal counsel to avoid these lasting repercussions. 

Accused of Domestic Violence by Strangulation? Contact us now at (386) 280-4977 to discuss your case and explore your legal options.