Domestic Violence by Strangulation 

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One of the major concerns of the legislature in the recent past is household members, or family members, who attack one another by putting their hands around the other’s neck. Unfortunately, this offense is all too common and the legislature has deemed situations like this to be a felony as opposed to a misdemeanor. This statute is found in Florida Statutes 784.041(2)(a) and the elements of the offense are outlined in Florida Standard Jury Instructions Section 8.5(a).

Facing Domestic Violence Charges? Contact us today at (386) 280-4977 for a confidential consultation and let us help protect your rights.

What is Domestic Violence by Strangulation?

To prove Domestic Battery by Strangulation, the prosecution must establish three key elements beyond a reasonable doubt. First, the accused must have intentionally impeded the victim’s breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. Second, the action must have created or caused great bodily harm to the victim. Lastly, the accused must have been a family or household member or in a dating relationship with the victim.

"Family or household member" includes spouses, former spouses, relatives, or anyone living together as a family or sharing a child, while a "dating relationship" refers to an ongoing romantic or intimate relationship. As a former prosecutor, Attorney Matt Thompson has extensive experience in handling such cases, having received specialized training on recognizing signs of domestic violence by strangulation.

The penalties for Domestic Violence by Strangulation are severe. As a felony, it carries the potential for up to five years of imprisonment, five years of probation, and a fine of up to $5,000. In addition, the accused may be required to attend an expensive and lengthy Domestic Violence Intervention program. Given the serious nature of the charge, the State is typically less inclined to offer plea deals or negotiate lesser sentences.

Legal Defenses for Domestic Violence by Strangulation Charges

When facing accusations of domestic violence by strangulation, there are several possible defenses that can be used:

• Self-defense: The accused may argue that they were acting to protect themselves from imminent harm. If the accused can prove that they were in fear for their safety, this defense could be a strong option.
• Lack of intent: Strangulation is a crime that requires intent. If the accused did not intend to obstruct the victim's breathing or blood circulation, they may argue that the act was accidental or unintentional.
• Mistaken identity: Sometimes, a person may be wrongly identified as the perpetrator of the crime. This defense involves showing that someone else committed the act and that the accused is being falsely accused.

An experienced attorney can challenge the evidence, including questioning the victim's testimony. For example, they can point out inconsistencies in the victim’s statements, dispute the severity of injuries, or argue that there is insufficient evidence to prove the crime beyond a reasonable doubt.

The Impact of a Domestic Violence by Strangulation Conviction

A conviction for domestic violence by strangulation can have serious and long-lasting consequences:

• Criminal record: A felony conviction means a permanent criminal record, which can affect many aspects of life, including job opportunities, housing, and social reputation.
• Job prospects: Many employers conduct background checks, and a felony conviction may prevent the accused from securing employment, especially in fields involving care, education, or public safety.
• Housing: Some landlords may deny housing to individuals with a criminal record, making it harder to secure a place to live.
• Reputation: A domestic violence conviction can tarnish an individual's reputation and lead to a loss of trust among family, friends, and colleagues.