Domestic Battery By Strangulation

If you are accused of strangling someone, you are most likely to be charged with battery by strangulation. This is a felony offense according to Florida law.

A criminal lawyer will be able to offer a defense that will examine the case closely in order to determine how the circumstances came to bring you to court. In doing this, the attorney will want to review all tapes and pictures that may be available, as well as examine the relationship between you and the victim. Some common defenses can include temporary insanity, heat of the moment, as well as diminished capacity defenses.

What Is Battery By Strangulation in Florida

A person commits domestic battery by strangulation when a person knowingly and intentionally, against the will of another, obstructs the normal breathing or circulation of that individual. It is classified as a third-degree felony offense.

  • Specifically, the individual committing this offense will perpetrate it against a person who is a member of his or her household or family, or is someone whom he or she is dating. It entails knowingly causing harm or disability to the other person through excessive pressure on the throat or neck as well as impeding the ability to breathe through the mouth or the nose.
  • This crime can be punishable with up to five years in prison. For this reason, it is important to seek the advice of a private attorney. This type of crime is typically more difficult for state prosecutors to prove, unless of course there are witnesses and sufficient evidence of a hand or strangulation marks on the throat of the victim, this is a crime that typically involves the victim and the perpetrator.
  • One thing that you need to keep in mind is that a no contest plea or a plea of guilty will not allow you to ever have this crime sealed. In other words, it will remain on your record forever as a domestic violence charge. This can affect employment, housing, as well as even prevent the individual from any other essential life necessities that look for these types of offenses. A competent lawyer will be able to help in handling your case so that you may avoid a negative outcome.

Contact The Umansky Law Firm

As with most criminal cases that carry the prospective outcome of prison time, always make sure to consult with a Orlando criminal defense attorney before issuing any type of statement to the police. Simply stay calm and use your phone call to contact an attorney who can help you in this circumstance.

Do not take chances with your future. If you have been accused of strangling someone, or have been arrested for or formally charged with battery by strangulation, contact us online or call our criminal defense lawyers at 407-228-3838.