(561)988-8000 Domestic Battery by Strangulation & Domestic Violence Battery – Charges Dismissed
Domestic Battery by Strangulation (F.S. § 784.041(2)(a)) & Battery (Domestic Violence) (F.S. § 784.03(1)(a)1) – Coconut Creek, Broward County, Florida
In Coconut Creek, Broward County, Florida, our client was arrested and charged with Domestic Battery by Strangulation, a third-degree felony under Florida Statute § 784.041(2)(a), along with misdemeanor Battery (Domestic Violence) under Florida Statute § 784.03(1)(a)1, following allegations arising from a highly emotional domestic dispute inside the family residence.
According to the arrest affidavit, Coconut Creek Police responded to a domestic violence call after the client’s wife alleged that a verbal argument escalated into a physical confrontation. Law enforcement alleged that the incident began after the alleged victim returned home from a party and accused the client of infidelity, leading to a heated argument inside the residence. Officers reported observing injuries to the client, including facial lacerations and injuries to the back of his head, which the client stated were caused when he was struck with a cane.
The allegations escalated further when the alleged victim claimed that the client grabbed and dragged her through the residence and later impeded her breathing by applying pressure to her neck. According to the police report, the parties’ teenage son allegedly intervened during the confrontation in an effort to separate his parents. The affidavit also referenced allegations involving household objects, including a hammer and cane, during the altercation.
Based on these allegations, officers arrested the client for Domestic Battery by Strangulation — one of the most aggressively prosecuted domestic violence offenses in Florida due to the potential for serious bodily harm and the significant penalties associated with the offense. A conviction for Domestic Battery by Strangulation carries the possibility of:
- a felony adjudication,
- substantial prison exposure,
- lengthy probation,
- permanent loss of firearm rights,
- no-contact orders,
- immigration consequences,
- and a lasting felony criminal record.
Following the arrest, Leifert & Leifert, through attorney Brian S. Leifert, Esq., formally appeared on behalf of the client and immediately began conducting an independent review of the allegations, evidence, witness statements, and procedural aspects of the investigation.
The defense carefully analyzed the probable cause affidavit, reviewed the surrounding factual circumstances, and identified significant issues involving conflicting statements, mutual allegations of violence, and credibility concerns. The defense also focused on the fact that the client himself displayed visible injuries observed by responding officers, including facial cuts and head injuries, which supported the position that the incident involved far more complexity than initially reflected in the arrest report.
Through strategic advocacy, detailed case preparation, and aggressive defense intervention, the defense highlighted inconsistencies within the allegations and presented exculpatory and mitigating information to the Broward County State Attorney’s Office. The defense further emphasized weaknesses in the State’s ability to prove the felony strangulation allegations beyond a reasonable doubt — a critical requirement in cases involving conflicting domestic violence accusations and emotionally charged family disputes.
As the case progressed, the defense continued negotiations with prosecutors while aggressively preparing the matter for litigation and trial if necessary. The defense also worked to protect the client from the collateral consequences commonly associated with domestic violence prosecutions, including the continuation of restrictive no-contact provisions and the risk of permanent felony consequences.
Ultimately, after further investigation and evaluation of the evidence presented by the defense, the Broward County State Attorney’s Office elected not to proceed with prosecution. Both the felony Domestic Battery by Strangulation charge and the misdemeanor domestic battery charge were formally dismissed by way of Nolle Prosequi.
RESULT:
Count I – Domestic Battery by Strangulation: Nolle Prossed (Dismissed)
Count II – Battery (Domestic Violence): Nolle Prossed (Dismissed)
OUTCOME: The client was not convicted of any criminal offense and avoided incarceration, probation, a felony conviction, and the severe long-term consequences associated with domestic violence and strangulation allegations. The dismissal also allowed the client to move forward without a finding of guilt or court-imposed penalties.
