Domestic battery by strangulation is a serious domestic violence charge that could result in significant time behind bars as well as fines and other penalties. If you face accusations of domestic battery by strangulation or the police arrested you for this or a related crime, you do not have to fight this on your own. The Florida criminal defense attorneys from Goldman Wetzel are here to help.
Defining Domestic Battery by Strangulation
Domestic battery by strangulation is exactly as it sounds. It occurs when one person knowingly and intentionally stops another from breathing or cuts off the free circulation of their blood. This usually occurs by either applying immense pressure to the throat or neck or by using a hand, pillow, cloth, or another object to cover the nose and mouth of the victim.
Domestic Battery by Strangulation Only Applies to Certain Relationships
In general, domestic violence charges in Florida require the aggressor and the victim to have a close or familial relationship. In most cases, they either live together or previously lived together. As defined by Florida law, these relationships include:
- Former spouses
- Those related by blood or marriage
- Those who live together as partners
- Those who previously lived together as partners
- Parents of a child together, regardless of their past living arrangements or relationship
The statute defining domestic battery by strangulation also clearly allows for this charge for those who do not live together but are in a “dating relationship.” This includes anyone in a “continuing and significant” relationship that is romantic in nature.
Facing Potential Penalties If Convicted of Domestic Battery by Strangulation
Domestic battery by strangulation is considered by state law to be a felony of the third degree. This puts the charge on par with felony battery, a physical altercation that causes the victim to suffer serious injuries. The consequences you could face if convicted of a third-degree felony are significant. They include:
- A sentence not to exceed five years in jail or a state correctional facility.
- Fines of up to $5,000.
- Probation, sometimes instead of some of the sentenced jail time.
Committing and getting convicted of additional violent felonies, including other incidences of domestic violence, could lead to additional time behind bars. A repeat offender could spend up to 10 years in jail and not be eligible for release for the first five years.
Goldman Wetzel Can Help You Fight Domestic Violence Allegations
The criminal defense attorneys from Goldman Wetzel know how state attorneys approach domestic violence cases and how the prosecution will work to prove a domestic battery by strangulation case against you. In fact, we have an inside perspective. Attorney Summer Goldman’s background is in the prosecutor’s office.
Attorney Maribeth Wetzel is a career defense attorney. Both of our attorneys work every case we handle together. When you hire one, you get both of them. This ensures they can see your case from all aspects and fight for a more favorable outcome on your behalf.
When you trust the Goldman Wetzel team with your Tampa-area domestic violence case, we will:
- Learn as much as possible about the facts of your case and the circumstances that led to your arrest.
- Use what we learn to develop a strong defense strategy in your case.
- Ensure your rights remain protected.
- Fight for your best interests throughout the criminal justice process.
- Represent you in front of the court and the prosecution.
Let our team go to work on your case today. The earlier you reach out to us, the sooner we can develop a strategy. In some cases, we may be able to convince the State Attorney’s Office not to press charges at all.
Talk to a Domestic Violence Defense Attorney from Goldman Wetzel
A member of the Goldman Wetzel team is ready to discuss your case with you today. We can meet with you in Tampa Bay, Bradenton, Pinellas County, Sarasota, St. Petersburg, Tampa, or any nearby community. Our attorneys can represent your best interests and fight for a more favorable outcome on your behalf.
Call us today at 727-828-3900 to get started. We can answer your questions, tell you more about our services, or even go to work for you right away.