Battery by Strangulation
While domestic battery offenses can often be classified as misdemeanors, an alleged offender who commits this crime and allegedly attempts to strangle or suffocate an alleged victim can be charged with the felony offense of domestic battery by strangulation. State law regarding strangulation offenses allows prosecutors to pursue felony charges when alleged offenders may not have caused the great bodily harm, permanent disability, or permanent disfigurement necessary for other felony battery convictions.
Domestic battery by strangulation charges may be filed without much evidence to support an alleged victim’s claims. Alleged offenders may be falsely accused of these types of crimes when their former spouses or romantic partners are seeking an advantage during contentious divorce or child custody proceedings.
Attorney for Battery by Strangulation Arrests in Miami-Dade County, FL
If you were arrested in South Florida for an alleged domestic battery by strangulation, it is in your best interest to exercise your right to remain silent until you have legal representation. The Hoffman Firm aggressively defends clients accused of domestic violence all over Miami-Dade County, including Coral Gables, Hialeah, North Miami, Aventura, Miami Beach, and several other nearby communities.
Miami criminal defense lawyer Evan A. Hoffman will work to help you achieve the most favorable resolution to your case, including possibly having the criminal charges minimized or eliminated. He can provide a complete evaluation of your case when you call (305) 249-0090 to receive a free, confidential consultation.
Overview of Domestic Battery by Strangulation in North Miami
- When can an individual be accused of this offense?
- How might alleged offenders be punished if convicted?
- Where can I learn more about battery by strangulation in Miami-Dade County?
Under Florida Statute § 784.041(2)(a), an alleged offender commits domestic battery by strangulation if he or she knowingly and intentionally, against the will of another person, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.
A dating relationship is defined as “a continuing and significant relationship of a romantic or intimate nature.” Florida Statute § 741.28 defines a family or household member as any of the following:
- 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.
Domestic battery by strangulation is a third-degree felony offense. Convictions are punishable by up to five years in prison and/or fines of up $5,000.
People convicted of domestic battery by strangulation are also ineligible to seal or expunge these offenses from their criminal records, regardless of whether adjudication is withheld. As a felony offense, a conviction can also result in loss of a person’s right to possess a firearm.
The Women's Fund | Improving Lives of Women & Girls — The Women’s Fund Miami-Dade’s mission is to improve the lives of women and girls in the county. On the “Freedom from Violence” section of this website, you can find various crisis lines, shelters, and support services for victims of domestic violence. You can also read press releases, learn about upcoming events, and find answers to frequently asked questions.
The Women’s Fund of Miami-Dade
1330 SW 22nd St., Suite 208
Miami, FL 33145
Miles v. State, 5D11-2639 (Fla. 5th DCA 2012) — Mark Miles was convicted of battery as an act of domestic violence as well as the lesser included offense of simple battery on the battery by strangulation count. On appeal, Miles argued the two convictions violate double jeopardy principles. The Fifth District Court of Appeal agreed, reversing and remanding the case to the trial court to vacate one of the convictions.
The Hoffman Firm | Miami Battery by Strangulation Defense Lawyer
Were you recently arrested for an alleged domestic battery by strangulation offense in South Florida? You should refuse to make any kind of statement to authorities without legal counsel. Contact The Hoffman Firm right now.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who represents individuals in Doral, Homestead, Key Biscayne, Miami, Opa-locka, South Miami, and many surrounding areas of Miami-Dade County. Call (305) 249-0090 or fill out an online contact form to have our lawyer review your case and help you understand all of your legal options during a free initial consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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