Understanding Florida Domestic Violence Cases in Florida
Domestic Violence is a form of battery, which under Florida Statute 784.03, is defined as "the offense of battery occurs when a person actually and intentionally touches or strikes another person against their will."
In order for the offense to qualify as domestic violence, the crime must have taken place between family members or household members, which is defined under Florida Statute 741.28 as "spouses, 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, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit."
Domestic Violence by Strangulation in Florida
A domestic violence charge is serious enough as it is, but if you are accused of choking someone or obstructing their breathing, the state can file an enhanced charge called domestic battery by strangulation. While it is normally charged as a misdemeanor, the strangulation element enhances the charge to a third-degree felony offense with a potential sentence of five years in prison and a felony conviction that will stay on your record for the rest of your life.
Pursuant to Florida Statute 784.041(2)(a), the state must prove that you impeded the alleged victim's normal circulation or breathing against their will, which caused a risk of great bodily harm.
In a strangulation case, the police are trained to examine the scene for evidence supporting the most serious crime possible. With that in mind, officers will look for the following when responding to an alleged domestic disturbance:
- Flushing, redness, or bruising of the alleged victim's neck
- Verbal confirmation from the alleged victim that a suspect touched their neck
Potential Penalties for Domestic Violence in Florida
In most cases, it is a first-degree misdemeanor punishable by up to 12 months in jail or 12 months of probation, a $1,000 fine plus court costs, and the required completion of a 26-week anger management course.
If you are charged with domestic violence by strangulation, the potential penalty is five years in prison or five years of probation, a $5,000 fine, a 26-week anger management course, and a felony conviction on your record.
One important point to mention is that a domestic violence charge can never be expunged from your record unless the charge is dismissed. If the prosecutor makes a plea offer of probation, it may be tempting to accept the deal, but you must be careful! Unless the charge is dismissed, it will stay on your record forever.
How Domestic Violence (or Domestic Violence by Strangulation) Convictions Can Affect Your Military Career
There are special considerations to consider if you are in the military and charged. Therefore, we have written a page that deals specifically with military members facing these charges.
