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Criminal Defense Lawyer in Orlando, FL

Battery by Strangulation Lawyer in Orlando, FL

Whether it’s a domestic dispute that got out of hand, a case of self-defense, or even just a simple misunderstanding, domestic battery by strangulation charges are no joke. If you’re facing these charges, or suspect you may be accused of domestic battery by strangulation, Hanlon Law is here to help.


What is Domestic Battery? 


Florida Statute 741.28 defines domestic battery as a form of domestic violence in which one household member intentionally touches, hits, or otherwise causes physical injury to another household member who did not consent to the interaction. 


“Household member” is further described by this statute to include “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.”


Essentially, any two people who live together in the same single-dwelling unit, or who have at one time lived together in the same single-dwelling unit, regardless of their relationship, are considered household members. The exception to this rule is when two people have a child together, in which case one parent can commit domestic violence against the other parent whether or not they currently or have ever lived together. 


What is Domestic Battery by Strangulation?


Domestic battery by strangulation is a specific form of domestic battery in which the physical injury caused involves strangulation of some form or another. The most obvious form of strangulation involves one person using their hands to constrict another’s throat, thereby restricting airflow. However, strangulation also includes instances in which one person restricts airflow by obstructing another’s mouth and/or nose. 


Either of these situations can, and often do, involve the use of one’s hands. However, these situations can also include proxy objects, such as a power cord, scarf, pillow or any other object that can be used to restrict breathing by either constricting the throat or by covering the mouth and/or nose.


What Are the Consequences of Battery by Strangulation? 


Florida Statute 784.041(2) classifies domestic battery by strangulation as a third-degree felony. Under Florida’s Criminal Punishment Code, domestic battery by strangulation is considered a Level 6 offense.


This means domestic battery by strangulation charges are punishable by up to 5 years in prison, up to 5 years of probation, and/or up to $5,000 in fines. The decision on whether to sentence probation or jail, in addition to how long either lasts, is entirely up to the discretion of the judge assigned to the case.


Regardless of the judge’s decision, a domestic battery conviction will result in any concealed weapon permits being revoked. If sentenced to probation, the right to possess a gun at all is forfeited so long as the probation lasts. In addition, domestic battery by strangulation perpetrators are often required to complete a 29-week battering program with the intent to rehabilitate. 


Other potential consequences include things like restraining orders and community service. 


Additionally, it’s important to note that domestic battery by strangulation convictions are permanent. This means they will remain on your criminal record and cannot be expunged or sealed. As criminal records are publicly accessible by not only your friends and family, but also potential employers, landlords, professional licensing boards, etc., a conviction has direct, permanent effects on your future.


How to Defend Against Domestic Battery by Strangulation


In all criminal defense cases, the burden of proof lies on the prosecution. That means that, in order to convict you of battery by strangulation, the prosecution must be able to prove beyond any reasonable doubt:


  • You acted knowingly and intentionally 
  • You disrupted the normal blood circulation and/or breathing of a household member
  • You did so by putting pressure on the neck or throat, or by blocking air to the nose and/or mouth
  • You either risked or caused great bodily harm


While physical evidence, such as bruising or damage to the alleged victim, may seem damning, the first requirement of intent can be very difficult to determine. There’s simply no way to know for sure whether or not you were aware of the potential outcome of your actions. 


Even in cases where intent is less ambiguous, there are many other defenses you might take, such as self-defense or mutual combat. 


The Best Battery by Strangulation Lawyer in Orlando


If you’ve been accused of or charged with battery by strangulation, it’s time to contact a seasoned criminal defense attorney in Orlando. The team at Hanlon Law offers over nearly two decades of experience in the criminal defense business. We’ll evaluate your charges, the evidence, extenuating circumstances, and possible outcomes to help you build the best defense possible. Don’t wait! Contact us today.

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