Strangulation domestic violence is a specific type of domestic violence charge in Florida that occurs when the accused allegedly impedes a victim's normal breathing or circulation. This serious felony offense carries severe penalties and can have far-reaching consequences on an individual's life. If you are facing a domestic battery by strangulation charge, it is essential to understand your rights and the importance of retaining an experienced criminal defense attorney. At the Law Offices of Robert David Malove, we provide aggressive legal representation for those accused of domestic violence crimes, including strangulation, throughout South Florida.
Understanding Strangulation Domestic Violence Charges
Florida Statute 784.041(2)(a) defines strangulation domestic violence. According to the statute, 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 member, a household member, or someone with whom they are in a dating relationship to create a risk or cause of great bodily harm by applying pressure on the throat or neck of the other person or blocking their nose or mouth.
Family Members, Household Members, and Dating Relationships
For an act to be considered domestic battery by strangulation, the alleged victim must be a family or household member or be in a dating relationship. This includes
- Spouses
- Former spouses
- People related by blood or marriage
- People who currently or previously lived together as a family
- Parents of a shared child, regardless of marital status or living situation
- People who are dating
Proving Impairment of Breathing or Circulation
Prosecutors must prove that the accused knowingly and intentionally impeded the victim's normal breathing or circulation. Potential evidence may include witness testimony, physical marks on the victim's neck, medical records showing injury to the throat or neck, or the victim's account of struggling to breathe during the incident. The charges against you should be dismissed if prosecutors can’t prove beyond a reasonable doubt that you acted knowingly and intentionally to impede someone’s breathing or circulation.
Strangulation Domestic Violence is a Third-Degree Felony
A conviction for domestic battery by strangulation carries a maximum sentence of five years in prison, five years of probation, and a fine of up to $5,000. Additionally, those convicted may face mandatory domestic violence counseling, loss of the right to possess firearms, and a permanent criminal record that can hinder employment and housing opportunities.
Strangulation Domestic Violence Defense Strategies
Our experienced South Florida criminal defense lawyers at the Law Offices of Robert David Malove meticulously investigate each case, gathering evidence and interviewing witnesses to build a compelling defense strategy tailored to your unique circumstances. Some of the defenses we may consider include:
Challenging the Evidence
In many cases, the primary evidence in a domestic battery by strangulation case is the alleged victim's testimony. Our attorneys work to identify inconsistencies or contradictions in their statements and challenge the credibility of their account. We may also seek additional evidence, such as security camera footage or witness testimony, to support your defense.
Arguing Lack of Intent
To secure a conviction, prosecutors must prove that you intentionally impeded the victim's breathing or circulation. If your actions were accidental or unintentional, this can form the basis of a strong defense. Additionally, the law creates an exception for “any act of medical diagnosis, treatment, or prescription” authorized by Florida law.
Our lawyers carefully examine the circumstances surrounding the incident to determine if a lack of intent can be argued in your case.
Making Sure Your Constitutional Rights Were Protected
In any criminal case, ensuring that your constitutional rights were upheld throughout the process is crucial. This includes your right to remain silent, your right to an attorney, and your protection against unreasonable searches and seizures. Our skilled defense lawyers thoroughly review the circumstances of your arrest and the evidence gathered against you to identify potential rights violations. If we find that your rights were infringed upon, we may seek to have evidence suppressed or charges dismissed.
Exploring Plea Bargains and Alternatives
In some situations, negotiating a plea bargain or seeking alternative sentencing options may be in your best interests. Our attorneys have extensive experience negotiating with prosecutors to reach favorable agreements that minimize the consequences of a domestic battery by strangulation charge. We may also explore options such as pretrial diversion programs or anger management courses, which can help you avoid a conviction and move forward with your life.
Protect Your Rights and Freedom with Experienced Legal Representation
Facing a domestic battery by strangulation charge can be an overwhelming and frightening experience, but you don't have to navigate this difficult time alone. At the Law Offices of Robert David Malove, our dedicated team of criminal defense attorneys is here to provide the aggressive, knowledgeable representation you need to protect your rights and fight for the best possible outcome in your case.
