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Definition of "Domestic Battery by Strangulation"
A person commits domestic battery by strangulation if the person 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 paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
Possible Penalty for "Domestic Battery By Strangulation "
Domestic Battery by Strangulation is clasified as a Third Degree Felony. This means that, if found guilty, the person charged with Felony Battery can receive a sentence of up to five years in Florida State Prison, or up to 5 years of probation, and a $5,000 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not necesarily the sentence that a judge would impose in any individual case.
Possible Defenses to Battery type Charges
As with any crime, a defense to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery can, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of Battery, Felony Battery, Domestic Battery by Strangulation, and Aggravated Battery:
Self Defense (aka Justifiable Use of Force)**
Consent
Lack of Intent
Lack of knowledge of pregnancy (in the case of Domestic Battery by Strangulation).
**Self Defense - using or threatening non-deadly force. Under subsection 776.012(1), Florida Statutes "a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force." A person who uses or threatens force under the circumstances outlined under subsection 776.012(1) does not have a duty to retreat before using or threatening to use non-deadly force.
**Self Defense - using or threatening deadly force. Under subsection 776.012(2) "a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." A person who uses or threatens deadly force under the circumstances outlined under subsection 776.012(2) "does not have a duty to retreat before using or threatening to use such force."
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If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
