Whether it stems from an argument that got out of hand, an allegation during divorce proceedings, or any other circumstances, an accusation of Felony battery by strangulation can derail your entire life at a moment’s notice. Prosecutors in Florida take these kinds of offenses very seriously, and no matter what your view of the situation is, you will likely have your work cut out for you trying to obtain a positive resolution to a domestic violence charge.
Instead of trying to argue your position by yourself, consider enlisting the help of a Delray Beach battery by strangulation Lawyer. An experienced Attorney could be a strong ally in your fight to protect your legal rights, explain your side of the story, and pursue an agreeable resolution with state prosecutors.
How State Law Defines Strangulation
As defined as Florida Statutes §784.041, strangulation is a form of Felony battery. Outside of the context of domestic violence, Felony battery entails intentionally striking another person against their will in such a way that they suffer severe bodily harm and/or a permanent disfigurement or disability.
However, Fla. Stat. §784.041(2)(a) establishes a general definition of Felony battery if it involves the strangulation of a family member, household member, or intimate/domestic partner. According to this section, any intentional action that compresses such a person’s throat, blocks their nose or mouth, or impedes their circulation or ability to breathe in any other way may be considered a Felony strangulation offense.
Potential Consequences Upon Conviction
Either form of Felony battery prohibited by Fla. Stat. §784.041 is a third-degree Felony offense. This means that someone convicted of battery by strangulation in Delray Beach may face a prison or probation sentence of up to five years in length, as well as a fine of up to $5,000. Furthermore, since strangulation is expressly defined as a domestic violence offense under state law, anyone convicted of this charge may have to participate in a mandatory Batterer’s Intervention Program that lasts 26 weeks.
These offenses are in addition to the non-criminal consequences that Felony convictions result in, such as the loss of the right to own a firearm and difficulty obtaining professional licenses and employment. Given the extensive degree to which these sanctions could restrict your freedoms and future prospects, working with a Delray Beach strangulation Attorney to contest any such charges against you is a virtual necessity.
Statutory Defense to Strangulation Charges in Delray Beach
The specific definition of strangulation is an important component of prosecution for this offense. If a defendant can prove that they did not constrict their domestic partner’s airway or circulation beyond a reasonable doubt, they may be able to mitigate or even eliminate the criminal consequences they face.
Likewise, it may be possible to argue that the physical contact in question was done in self-defense or to protect someone else, either of which are circumstances that could negate this criminal charge.
Talk to a Delray Beach Strangulation Attorney Today
No matter the context, it is crucial that you take any allegations of domestic violence made against you seriously, especially those involving strangulation. Since Florida law defines strangulation as a type of Felony battery, a conviction could leave you facing a steep fines, years in prison, and various other sanctions that persist long after you have served your sentence.
Once retained, a Delray Beach battery by strangulation Lawyer could discuss your legal options with you, work tirelessly to construct a strong defense strategy, and advocate on your behalf throughout your entire criminal case. To learn more or to set up an initial consultation, call today.