Are you wondering about the term battery by strangulation? If yes, then you have come to the right place. In simple words, battery by strangulation is an offense that involves intentional impeding of someone’s breathing or blood circulation. To prove this crime, it must be done against the will of the victim or cause great bodily harm. In this article, we will be discussing the definitions and other factors that determine the act of battery by strangulation.
What Is Battery By Strangulation?
First things first, let us begin by understanding the definition of battery by strangulation. Battery by strangulation is a serious crime that falls under the category of domestic violence.
It usually occurs when a family member or spouse chokes the victim with whom they have a “domestic” relationship. In certain situations, the strangling occurs within the context of a mutual fight between the two individuals indulged in domestic fights.
Moreover, in other cases, victims might initiate the decision of pressing charges against the other. But at times, does not understand the ramifications of doing so. This is observed when the victim calls law enforcement, and by the time they arrive, the situation comes under control. Similarly, in such situations, the state’s prosecutor has the full authority to determine whether to drop the charges. If you are someone who has been charged or the victim of this offense, it is wise that you consult with an experienced criminal law attorney to look into the matter.
What Is Domestic Battery By Strangulation?
Domestic battery by strangulation is a type of domestic violence that constitutes within the criminal law of the United States. Generally, every domestic violence charge is considered to be a serious offense in the legal eyes of the US. But, if the allegation of strangulation is present, then it could be stated that the charges will be enhance the probability of penalties. Moreover, the offense of battery by strangulation is a felony under US criminal law.
Similarly, domestic battery by strangulation charges would also likely impact your ability to have the right to child custody in the future. The ability to own a gun or get employed might also be affected if you are charged with this felony. Due to this, it is advisable that you consult with an experienced criminal defense lawyer regarding such charges.
Defense To Spousal Battery By Strangulation
If you are wondering about the defenses to battery by strangulation, then you are at the right place. There is a variety of defenses to the charge of battery by strangulation like any other offenses under criminal law in the US. Moreover, you should also be aware that the defenses for this offense depend on the kind of charge that you are about to face. However, here are some of the common defenses that are associated with battery with strangulation:
- One way you can defend yourself if charged with battery with strangulation is if you were acting in self-defense. On the other hand, your criminal defense lawyer might also develop your defense if you acted to defend someone from being attacked.
- Another defense is when the alleged victim is potraying a false allegation due to their hurt feelings. Moreover, it can also arise from divorce proceedings between couples, among many other reasons.
- The victim’s injuries have been caused by something or someone else.
- Finally, another defense can be the alleged victim suffered minor injuries that do not meet the criteria to fall under battery by strangulation.
What Are The Penalties Of Battery By Strangulation In Florida?
Domestic battery by strangulation is considered an offense in the United States. Moreover, this offense falls under the category of third-degree felony under the criminal law. So, if you plead guilty under the charge of battery by strangulation, then there are a variety of penalties that are within the Florida Criminal Code. Some of them are mentioned below:
- Upto five years jail time in Florida state prison.
- Upto five years of probation.
- A fine ranging upto $5,000.
- Compulsory completion of a Batterer’s Intervention Program that lasts upto 29 weeks.
- Inability to keep a firearm or ammunition during the probation period.
- Permanent failure of any permits related to concealed weapons.
- Protection orders will bar you from going back to your home or making any contact with your children or the alleged victim.
- Inability to seal or delete the charge from your criminal records.
Ways A Battery By Strangulation Case Affects A Domestic Violence Trial
Battery by strangulation is considered a separate type of criminal offense from any regular domestic violence case. Similarly, if you have been charged with such an offense, then your case will be assigned especially to a division that primarily handles domestic violence charges.
Some of the leads that are associated with strangulation accusations are as follows:
Pre-Trials Conditions
Due to the high chances of fatalities and injuries within such a case. Moreover, the State might attempt to restrict your movements before the case goes to trial.
Higher Penalties
You will observe that the prosecutors will fight aggressively against the defendants who are charged with battery with strangulation. Similarly, they will also try to push for jail time and longer probations inspite of being a first-time offender.
Elevated Penalties
If the alleged victim has suffered from significant injuries through strangulation, then the prosecutor might charge you with the offense of attempted murder.
So, here are the possible consequences of being charged with the domestic battery of strangulation for a criminal trial.
Final Thoughts
So, now you are well aware of the various elements associated with the aspect of battery by strangulation. Moreover, we will also advise that you take guidance from an experienced criminal defense lawyer for the purpose of getting better insights on the defense that will assist in your case. Best of luck!
