How Does Strangulation Affect a Domestic Violence Case?

Domestic Violence by Strangulation is an entirely separate criminal offense from regular Domestic Violence. As a form of Domestic Violence Battery, your case will likely be assigned to a specific division that only handles domestic violence charges.

Strangulation accusations can also lead to:

  • Pre-trial conditions. Due to the high risk of injuries and fatalities in these cases, the State may try to restrict your movements before your case goes to trial.
  • Higher penalties. Prosecutors fight aggressively against defendants accused of Domestic Violence Battery, pushing for jail sentences and long probations even for first-time offenders.
  • Upgraded charges. If the alleged victim suffered significant injuries from strangulation, a prosecutor might charge the crime as attempted murder

Penalties for Domestic Violence by Strangulation in Florida

Domestic Battery by Strangulation is charged as a third-degree felony and carries a significant jail sentence. In comparison, Domestic Violence Battery that doesn’t involve strangulation is a first-degree misdemeanor punishable by up to 12 months of probation.

If you are convicted or plead guilty to the offense, you could be facing:

  • Up to five years in a Florida state prison
  • Up to five years of probation
  • A fine of up to $5,000
  • Mandatory completion of a Batterer’s Intervention Program lasting 29 weeks
  • Inability to possess a firearm or ammunition while on probation
  • Permanent loss of any concealed weapons permits
  • Protection orders barring you from going back to your home or making contact with your children or the alleged victim 
  • Inability to seal or expunge the offense from your criminal record

Are There Any Defenses Available to Strangulation Charges?

Depending on the circumstances of the incident, there could be several defenses to a charge of Domestic Battery by Strangulation. Common defenses include:

  • You were acting in self-defense or defending someone else from being attacked
  • The alleged victim is making a false allegation due to hurt feelings, divorce proceedings, spite, or other reasons
  • The alleged victim’s injuries were caused by something or someone else
  • Your actions that gave rise to the charges were unintentional
  • The alleged victim suffered minor injuries that don’t meet the standard of Domestic Battery by Strangulation

 

Tim Flaherty
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Criminal defense lawyer serving the entire Fort Walton Beach area providing help when you need it the most.