Domestic Battery by Strangulation in Pinellas
Florida’s laws prohibiting domestic violence come with strict penalties and a lifetime of consequences. Families can be shattered during these investigations. For our clients, entering a plea is simply not an option. Our goal in many of these cases is a complete dismissal.
Extraordinary results require extraordinary efforts. Our clients often agree to complete private counseling voluntarily early in the case. We aggressively fight the charges while exploring every possible avenue to avoid a conviction.
We understand why domestic violence cases are treated differently. For instance, immediately posting a bond is not permitted. Instead, you will see the judge at the first appearance hearing where the charges will be explained, a bond amount will be set, and the court might impose a “no contact” provision preventing you from returning home or seeing your children.
Domestic violence battery is a first degree misdemeanor punishable by up to 12 months in jail and a $500 fine. In addition to jail time, the court might impose probation to complete the Batterers Intervention Program which requires an evaluation and 29 weeks of classes.
In Pinellas County, FL, domestic battery by strangulation is charged as a third-degree felony, punishable by five (5) years in prison and a $5,00 fine. The crime is set out in Florida Statute Section 784.041(2). Under that statute, 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
- 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
- blocking the nose or mouth of the other person.
Florida law provides an exception for any act of medical diagnosis, treatment, or prescription authorized under Florida law.
Attorney for Domestic Battery by Strangulation in Pinellas County, FL
If you were charged with domestic battery by strangulation in Pinellas County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. Visit our office at 14010 Roosevelt Blvd #701, Clearwater, FL 33762, near the Criminal Justice Center (CJC) courthouse.
During the initial consultation, we can discuss the charges pending against you, the typical penalties imposed for that offense, and the best defenses to fight for an outright dismissal.
We understand how domestic violence charges are prosecuted in Pinellas County, FL.
Definitions for Strangulation Crimes in Florida
Under Florida’s statute for domestic battery by strangulation, Section 784.041(b)(1), defines the term “family or household member” as having the same meaning as in Section 741.28. Under that section, family or household member includes “spouses, 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.”
Except for parents with 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. In other words, co-workers, roommates, and friends are excluded from the definition.
Under Section 784.041(b)(2), the term “dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
This article was last updated on Friday, October 13, 2023.