Orlando Domestic Battery by Strangulation Attorneys
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.Penalties
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.