The Florida Bar 1950
American Bar Association
Justia Lawyer Rating
Lake County Bar Associaton
Florida Justice Association

Orlando Domestic Battery by Strangulation Attorneys

Domestic Battery by Strangulation

Those charged with domestic battery by strangulation in Orlando, FL or surrounding areas face serious penalties if found guilty of this third-degree felony. Under Florida Statute 784.041(2), this criminal offense is defined as purposely or intentionally obstructing or disrupting the breathing process or normal blood circulation of a family or household member or significant other by blocking the mouth or nose or applying significant pressure to the throat or neck, resulting in an increased risk for or causing great bodily harm. The Orlando assault and battery attorneys at Adams & Luka know that innocent people are often accused of crimes they did not commit. Regardless of your situation, we work vigorously to achieve the best possible outcome and insure your legal rights and freedom are protected.

It is not unusual for a wife, husband or significant other to falsely accuse his or her partner of this offense, particularly in circumstances such as divorce, separation, or when children and child support or custody are involved. Regardless of guilt or innocence, it is critical to seek the guidance of an experienced defense lawyer.

Elements That Must Be Proven by the State in a Domestic Battery by Strangulation Case

In every criminal case, prosecutors must prove specific elements of the offense the defendant is charged with. In this case, the state must prove the following:

  • You blocked the nose or mouth of the alleged victim or applied pressure to the neck or throat impeding blood circulation or normal breathing and did so knowingly and intentionally.
  • Your actions created a risk of or caused great bodily harm.
  • You were a member of the victim's household or family, or involved in a dating relationship.

In the above elements a household or family member indicates individuals related by marriage or blood, current or former spouses, parents who share a child but were never married, and those who currently live together or have lived together as a family.


If convicted of domestic battery by strangulation the defendant may be sentenced to five years in prison, five years of probation, a $5,000 fine or any combination of the above. This crime is a third-degree felony that also brings about collateral consequences for those found guilty. These include:

  • If you have a concealed weapons permit it will be revoked
  • The conviction for this offense can never be expunged from your criminal record, or the record sealed
  • Regardless of whether you were convicted on a misdemeanor or felony charge, you will forfeit your right to possess a gun during the probation term
  • You must complete a minimum of 26 weeks of batterer's intervention classes

As you can see, the consequences of a conviction for domestic battery by strangulation are severe. You should consult with a skilled and aggressive Orlando domestic battery attorney as soon as you have been arrested or suspect you are under investigation.

Defenses to Domestic Battery by Strangulation

Each case is different, every one with its own unique set of circumstances. Depending on the facts of your case some of the possible defenses include:

  • Self defense
  • Defense of another person
  • No risk of or actual great bodily harm
  • Lack of evidence
  • Evidence that is compromised or can be disputed
  • False allegations
  • Mental health issues or insanity

By consulting with a seasoned criminal defense lawyer early on, a solid defense strategy can be developed and all legal options explored. The first priority of your attorney should be to have the charge dismissed when possible. It may be to your advantage to plead to a lesser charge or move forward to trial depending on the situation.

Contact Our Domestic Violence Attorneys Today

When accused of domestic battery by strangulation it is imperative to work with a dedicated Orlando criminal defense attorney. These are extremely serious charges that may not only result in prison time, but impact your reputation and your life. Those with a criminal record often have a difficult time obtaining employment or housing. The stigma of a conviction could haunt you for the rest of your life. At Adams & Luka we know there are countless people who sit behind prison bars today, serving time for crimes they did not commit. You must be proactive in your own defense; we urge you to contact our criminal defense team today.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink