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Miami Domestic Battery by Strangulation Attorney
Also Serving Fort Lauderdale
Domestic violence is defined under Florida Statute § 741.28(2) as any one of ten listed violent crimes or any other criminal offense that results in physical injury or death of one family or household member by another family or household member. One of the listed crimes is battery, and a battery offense against a family or household member is commonly referred to as domestic battery. Those charged with this crime face serious consequences and should consult with a Miami domestic battery by strangulation attorney.
Domestic battery offenses can result in many other additional penalties than alleged offenders would face for ordinary battery crimes committed against unrelated parties. People who have been arrested for this crime need to understand that alleged victims do not have the power to "drop charges," as such decisions are made strictly by the State's Attorney handling the criminal case.
Domestic Battery Charges in Florida
Florida Statute § 784.03 establishes that a person commits the first-degree misdemeanor offense of battery if he or she:
- Actually and intentionally touches or strikes another person against the will of the other
- Intentionally causes bodily harm to another person
Battery becomes a third degree felony if the alleged offender has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery.
Florida Statute § 784.045 states that a person commits the second degree felony offense of aggravated battery if he or she, in committing battery:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement
- Uses a deadly weapon
A person also commits aggravated battery if the alleged victim was pregnant at the time of the offense and the alleged offender knew or should have known that she was pregnant.
As it relates to domestic battery, a family or household member is defined under Florida Statute § 741.28(3) as meaning:
- Former spouses
- Persons related by blood or marriage
- Persons who are presently residing together as if a family or who have lived together in the past as if a family
- 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
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.
Domestic Battery Penalties
Convictions for domestic battery are generally punishable as follows, depending on how the alleged offense has been graded:
- First Degree Misdemeanor — Up to 1 year in jail and fine of up to $1,000
- Third Degree Felony — Up to 5 years in prison and fine of up to $5,000
- Second Degree Felony — Up to 15 years in prison and fine of up to $10,000
In addition to incarceration and fines, people convicted of domestic battery can also face many other additional punishments. Florida Statute § 741.281 states that a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence, the court must order that person to a minimum term of one year’s probation and he or she must attend and complete a batterers’ intervention program as a condition of probation.
A conviction can also lead to an alleged offender losing his or her rights to own or possess a firearm.
Florida Domestic Battery Resources
Local Center Services | Florida Coalition Against Domestic Violence (FCADV) — FCADV is the professional association for Florida's 42 domestic violence centers. Certified domestic violence centers provide such core services as emergency shelter, crisis counseling, safety planning, and many others. Visit this section of the FCADV website to view an interactive map and find a listing of shelters throughout the state.
The National Domestic Violence Hotline — The National Domestic Violence Hotline is a non-profit organization established in 1996 as a component of the Violence Against Women Act (VAWA). Its mission statement reads, "We answer the call to support and shift power back to people affected by relationship abuse." Use this website to find information for victims and survivors, access statistics, and learn what to expect if you call the hotline.
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