Fort Walton Beach Domestic Battery by Strangulation Attorney
As a third degree felony offense in Florida, domestic battery by strangulation charges carry a maximum sentence of five years in prison upon conviction. To formally bring these charges against you, the State does not need to prove that you actually strangled the alleged victim. Rather, pursuant to Fla.Stat. 784.041(2)(a), the State must only prove that you impeded the alleged victim’s normal circulation or breathing, against his or her will, thereby creating a risk of great bodily harm.
If you have been charged with domestic battery by strangulation, contact a Fort Walton Beach domestic battery defense attorney at Flaherty Defense Firm immediately. It’s critical that you remember that you have not yet been convicted of anything yet and it will be our goal to keep it that way.
What Police Look for in Domestic Battery by Strangulation Cases
When police officers respond to a disturbance, they are trained to examine the scene for evidence that would support the most serious crime they could possibly charge. With that in mind, Fort Walton Beach officers are trained to look for the following when responding to an alleged domestic disturbance:
- Flushing or redness of the alleged victims neck
- Bruising of the alleged victims neck
- Verbal confirmation from the alleged victim that a suspect touched his or her neck
In domestic violence cases in the Fort Walton Beach area, many alleged victims choose to cooperate with the suspect and, thereafter, request for the charges to be dismissed. While this may be true of some cases, the State may choose to prosecute cases where a certain amount of physical evidence is available, even without the alleged victim’s support.
Active Military Members in the Fort Walton Beach Area
If you are an active member of the military, a conviction for domestic battery by strangulation will almost certainly end your career in the military since you will no longer be able to legally possess or own a firearm as a felon.
Consult with a Fort Walton Beach Domestic Battery by Strangulation Attorney
Domestic battery by strangulation charges can be a traumatic ordeal. However, you need to remember that you still have the opportunity to defeat these accusations with the help of a Fort Walton Beach domestic battery by strangulation attorney at Flaherty Defense Firm. Our expressed goal, from the first day to the last, will always be to win your case; we will analyze every detail of your case in an effort to achieve an outright dismissal of your accusations.
In some cases, however, a complete dismissal of these charges is not possible, particularly when there is a substantial amount of physical evidence. Even under these circumstances, we will still have options that we can pursue: a pretrial intervention with which charges may be dropped upon the successful completion of a diversion program, or other programs for military personnel available through the Veteran’s Court.
If we cannot secure a pretrial agreement and you decide to take the case to a jury trial, our legal team has a very good track record of defending our clients in trial.
If you have been charged with Domestic Battery by Strangulation in Fort Walton Beach, call Flaherty Defense Firm today at (850) 243-6097 and we’ll get to work immediately.