Domestic Battery by Strangulation
Domestic battery by strangulation is a serious offense with lasting physical, emotional, and psychological consequences for the victim. A victim of strangulation can become unconscious in less than ten (10) seconds and die within minutes. For these reasons, this criminal charge comes with severe consequences.
Section 784.041, F.S., prohibits strangulation domestic battery. The crime is classified as a third degree felony, punishable by up to five (5) years in prison or probation and a $5,000 fine.
Florida Statute Section 784.041(2)(a) includes an exception for any act of medical diagnosis, treatment, or prescription which is authorized under Florida law.
Law enforcement officers sometimes assume the alleged victim was strangled based solely on their word, even when no physical evidence supports the allegation.
If a battery occurred, but didn’t involve strangulation, then the lesser included charge of domestic violence battery is more appropriate. Domestic violence battery is a first degree misdemeanor punishable by up to 12 months in jail.
Attorney for Domestic Battery by Strangulation in Pinellas
If you were charged with domestic battery by strangulation, contact attorney Katherine Aranda, an experienced criminal defense attorney at Sammis Law Firm. Katherine works out of the Clearwater office, just a short distance from the Criminal Justice Center (CJC) Courthouse.
When you call for a free consultation, speak with attorney Katherine Aranda about the domestic violence charges pending against you, the elements of the crime, common defenses, and the best ways to avoid the typical penalties.
Katherine Aranda is particularly suited for domestic violence cases in Pinellas County, FL, because of her extensive experience with conducting motion hearing, jury trials, and engaging in pretrial negotiations for dropped or reduced charges.
Her office is in Clearwater, where she understands the court practices specific to those cases prosecuted in Pinellas County, FL.
Early in her career, she was a former public defender at the Clearwater Courthouse where she focused on representing hundreds of clients charged with domestic violence offenses. She knows how the prosecutors fight these cases and she can spot weaknesses in their approach.
Katherine Aranda stays in contact with her clients at each stage of the case, the is transparent about the fees which are written out in a fee agreement, and she responsive at each stage of the case. She is available for emergency appearances or “first appearance” hearings and can file emergency motions to modify pretrial release conditions such as the “no contact” provision, when appropriate.
Call 813-250-0500 to discuss your case.
Elements of Domestic Battery by Strangulation in Florida
At trial, the crime of battery by strangulation requires proof beyond all reasonable doubt of the following elements:
- the defendant acts knowingly and intentionally by:
- applying pressure on the throat or neck of the other person; or
- blocking the nose or mouth of the other person;
- to impede the normal breathing or circulation of the blood;
- creating a risk of great bodily harm or actually causing it;
- against the will of another who is either:
- a family or household member; or
- a person with whom he or she is in a dating relationship.
Definitions for Crimes of Domestic Violence by Strangulation
The term “family or household member” is defined in Section 784.041(2)(b)1., F.S., as having the same meaning as in s. 741.28, F.S.
Section 741.28(3) defines the term “family or household member” to include current and former spouses, persons related by blood or marriage, persons who have resided together as a family, and parents who have a child together regardless of whether they have been married.
The family or household members must be currently residing or have in the past resided together in the same single dwelling unit (unless they qualify as parents who have a child in common).
Section 784.041(2)(b)2., F.S., defines the term “dating relationship” as a continuing and significant relationship of a romantic or intimate nature.
Florida Supreme Court Cases on Domestic Battery by Strangulation
In Johnson v. State, 969 So. 2nd 938, 956-957 (Fla. 2007), the Florida Supreme Court held that strangulation of a conscious victim transforms a murder into a death penalty offense because it is per se “heinous, atrocious and cruel.”
In Lopez-Macaya v. State, 278 So. 2d. 248 (Fla. 2019), the Florida Supreme Court held that there is no need to prove that the victim suffered actual great bodily harm. Instead, the prosecutor must only prove that the actions created a risk of great bodily harm.
The Minimum Sentence for Domestic Battery by Strangulation
The crime of Domestic Battery by Strangulation is classified as a third-degree felony. In Florida’s Criminal Punishment Code, the crime has a severity ranking of Level 6.
The same penalties apply to felony battery charges under Section 784.041(1) when a person actually and intentionally touches or strikes another person against the will of the other, and causes great bodily harm, permanent disability, or permanent disfigurement.
Read more about domestic violence battery crimes prosecuted in Pinellas County, FL.
Additional Resources
What Judges Should Know About Battery by Strangulation – Visit the Florida Court’s website for a bench card explaining what judges should know when faced with non-fatal strangulation. The bench card described Florida law for non-fatal strangulation charges, the correct terminology to use in these cases, why the victim might lack visible injuries, brain and neurological impact, why strangulation is a high-risk factor for lethality, and the reasons why the victim might recant.
This article was last updated on Friday, September 27, 2025.
