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If you or someone you know is being accused of Domestic Battery by Strangulation, there are some key things you should be aware of. Domestic Violence crimes, such as this one, carry a vast number of long-lasting and rigid consequences. An attorney who has successfully handled these types of cases will act as a safeguard against such penalties. They will also work hard to ensure that you are always in the loop when it comes to your case, that you are not being subjected to lousy deals and that you are not being convicted guilty based off unsubstantiated claims. This is especially important because prosecutors who handle these types of matters are notably aggressive in their approaches and usually have particular training. 

What is Domestic Battery by Strangulation?

Florida Statute 784.041(2) defines and outlines Domestic Battery by Strangulation. It is defined as any crime in which someone consciously and purposefully impairs the normal breath pattern or blood circulation of a family member or other household member by exerting pressure on the throat or neck, or by obstructing the mouth or nose, in a way that causes serious bodily harm or creates the risk of doing so.

Photo of domestic violance

Possible Punishments

The State of Florida classifies Domestic Battery by Strangulation as a third-degree felony. If someone is convicted, there are statutory penalties that will be imposed automatically. However, penalties do not end there. Due to the severe and violent nature of the crime, guilty persons may find themselves facing numerous additional extreme and life-changing consequences. Some of these include:

  • Up to five (5) years in prison
  • Probation for up to five (5) years
  • Mandatory Batterers’ Intervention Courses
  • Loss of child custody
  • Permanent criminal record
  • Community service hours
  • Inability to buy or rent a home
  • Disqualification from military service
  • High costs, fees, and fines
  • Inability to rent or buy a home
  • Issues gaining business or professional licenses
  • Loss of certain civil rights
  • Restrictions on child visitation rights
  • Roadblocks in higher education pursuits
  • Trouble seeking employment
  • Challenges gaining employment
  • Ineligibility to seal or expunge the charge
  • Job loss

Potential Defense Strategies

Reaching out to a well-versed and knowledgeable defense attorney is in your very best interest if you have been arrested for Domestic Battery by Strangulation. Due to the complex, weighty nature of this offense, self-representation is nearly always a catastrophic decision, especially when it comes to highly serious crimes. An attorney who has a track record of handling Domestic Battery by Strangulation can be a crucial tool in several ways. One of the ways they can be a major positive asset to your defense is that they can review the unique circumstances of your case with you to come up with the best strategies and defenses. An attorney can also file appropriate pre-trial motions and other documents to strengthen your defense. Additionally, an attorney can provide you with tools, information and resources for classes, programs and treatments for you to participate in, to help demonstrate goodness of character. Chances of charges being reduced or dismissed are significantly higher when a defendant is represented by private counsel. 

Common Defenses to Domestic Battery by Strangulation

Domestic Battery by Strangulation cases usually stem from underlying issues leading up to a purported criminal event. The State of Florida must prove, beyond a reasonable doubt, that the presumed aggressor is guilty. With specialized training and experience on their side to do so, their pursuit of a conviction will be relentless and extremely challenging for an unrepresented defendant to go up against on their own. This is another key reason why an experienced defense attorney is invaluable. They will have the wherewithal and the tools to pinpoint the best defenses for your specific situation. Your attorney should not only be concerned with working to have the charges against you dismissed by the State but also to help try and mend things between you and your accuser. They should be prepared to go to trial if the case makes it to that point. They should also frequently provide you with updates and take your input into consideration when figuring out how to move forward in your case. 

Photo of woman with bruised face

Common Defenses to Domestic Battery by Strangulation Charges 

If you have been accused of Domestic Battery by Strangulation, you may be thinking you are doomed to be sentenced to the harshest penalties there are. Even though this is a very politicized crime, which is not taken lightly by the State or Judges, there are defenses that your attorney may be able to use. A few of these defenses include but are not limited to:

  • Alcohol abuse and/or addiction
  • Breakups
  • Consensual touch or strike
    • In certain instances, a touch or strike was requested or demanded by an alleged victim.
  • Divorce
  • Drug abuse and/or addiction
  • Conflicting or insufficient evidence
  • Conflicts regarding child custody
  • Credibility issues with alleged victims and/or witnesses
    • Supposed victims, witnesses, and law enforcement officers are human. That said, they are capable of forgetting facts, acting dishonestly, and making claims based on spite, rather than fact.
  • Discrepancies in evidence
    • In many cases, accused individuals have evidence that proves they are not guilty of committing Domestic Battery by Strangulation. 
  • Mental health issues
    • People struggling with mental health issues may not recollect events correctly or may act out in ways they would not usually. Supposed victims and witnesses can sometimes be suffering from mental health issues. 
  • Mutual conflict
    • If two people agree upon and engage in combat, the law treats each party as having accepted any sort of touches or strikes received. A participant cannot consent to a mutual fight and then have valid grounds to then accuse the other party of Domestic Battery by Strangulation.
  • No risk of serious bodily injury
  • No serious bodily injury
    • Some claims of Domestic Battery by Strangulation cannot be corroborated with evidence of serious bodily injury, since none occurred. 
  • Pending injunction cases
  • Self-defense
    • Use of force is justified if someone is using said force to defend themselves against an attack being brought against them. 
  • Substance abuse and/or addiction
  • Unintentional touch or strike
    • Accidents happen. Not every touch or strike is committed intentionally or maliciously. 
  • Vindictive family or household members
    • Human beings are not perfect. Sometimes, rash decisions are made based on high emotions and desires to seek revenge on others. 

Why You Should Trust Parikh Law, P.A.
At Parikh Law, P.A., we care about our clients and their futures. That is why when we take on cases, we commit to unceasingly seeking favorable outcomes that will allow our clients to move past tough times and continue living fulfilled lives. Attorney Rahul Y. Parikh has seen and experienced firsthand the strategies used by Domestic Battery by Strangulation prosecutors, during his spell as an Orange County Domestic Violence prosecutor, prior to going into private criminal defense practice. His inside knowledge has played a monumental role in changing the lives of those he has defended. By allowing Parikh Law. P.A. to handle your Domestic Battery by Strangulation case, you are giving yourself a major leg-up. Schedule a consultation with us and see for yourself what we can do for you. Your initial consultation is completely free and absolutely confidential. We look forward to being dedicated to your defense!