Domestic Violence by Strangulation
It’s one thing if you’ve been accused of a misdemeanor count of domestic battery. It’s an altogether different thing if you’ve been alleged to have strangled a family member. Our criminal attorneys are not intimidated by the trumped up felony charge this added element provides and we will defend your liberty with the same zeal and aggression as if you were charged with a lesser offense. Just as we would make a determination in a misdemeanor domestic violence charge as to whether or not your case will be one that leads to a trial to prove your innocence, we will do the same on a felony allegation. Each Tampa criminal lawyer in our firm knows that to properly defend any allegation you must first determine the nature of the litigation. We will determine immediately if your case will be pursued by the State Attorney’s office and if so will begin your defense. If your case is one that requires judicious negotiation leading to charges being dropped, our attorneys will ensure everything is done to achieve this result.
Domestic violence defined by Florida Statute 741.28(2) means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Domestic battery by strangulation is codified at Florida Statute 784.041(2)(a). This statute says, “A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, 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. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.” This type of offense is a third degree felony, punishable by up to 5 years in the Florida Department of Corrections.
Though the misdemeanor version of these charges is very serious in its own right, the added element of strangulation can be devastating. Not only are you now facing felony charges, the importance of having an experienced criminal lawyer on your side is now at a premium. The State Attorney’s office takes felonies more seriously than misdemeanors. Any time an allegation that someone has been strangled is levied, the State will be less willing to drop charges due to the serious nature of the allegation. Because of this, there is a greater likelihood that you’ll need to go to trial in order to avoid pleaing to something you didn’t do. It is so important to show that the entirety of the allegations didn’t happen. Even if all that can be shown is that no strangulation occurred, a victory can be taken from avoiding a potential felony conviction.
If you’ve been arrested or charged with a crime, the criminal lawyers at The Mayberry Law Firm have the experience and aggression necessary to defend your liberty. It’s never toe early to address your charges or the potential for them. We’re available at 813-444-7435. We look forward to hearing from you.