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Domestic Violence by Strangulation

One of the major concerns by the legislature in the recent past are 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 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).

What is Domestic Violence by Strangulation?

To prove the crime of Domestic Battery by Strangulation, the State must prove three elements. In order to be convicted, the following elements must be proven beyond every reasonable doubt.

  1. The accused impeded the normal breathing or circulation of the blood of the alleged victim against the victim’s will by applying pressure on the throat or neck of the alleged victim, or by blocking the nose or mouth of alleged victim. The action must have been done knowingly and intentionally.

  2. In so doing, the accused created a risk of great bodily harm, or caused great bodily harm to the alleged victim.

  3. The accused was a family or household member of the alleged victim or was involved in a dating relationship with alleged victim.

“Family or household member” means 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. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

“Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.

As a former prosecutor, Matt Thompson dealt with numerous victims who were the victims of domestic violence by strangulation. In training to deal with the victims, Attorney Matt Thompson attended a class for first responders, nurses, victim’s advocates, and police officers, that focused on what to look for in victims of Domestic Violence by Strangulation. This class was put on by the Seminole County Sheriff’s Department, and in learning how to prosecute valid claims of this nature, Matt Thompson now uses the skills he learned in handling these cases to defend these claims against his clients.

The penalties for a Domestic Violence by Strangulation include those faced in a plain Domestic Violence charge. In many domestic violence cases, at least one party is left temporarily without a home, or might be prevented from speaking with to their spouse, partner, or children. The State might insist that you take a treatment class called the Domestic Violence Intervention program, or another similar program. Treatment programs such as these can be costly, and typically run for several weeks (up to 26) and require homework assignments. In addition, because Domestic Violence by Strangulation is a felony, the State is less willing to negotiate. The maximum sentence for this charge five years of imprisonment, five years of probation, and a fine of $5,000.

Contact Thompson Law today to see how we can help you, (877) 934-4LAW (4529).

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