If you have been accused of attempting to strangle a family member or dating partner, you could face criminal charges and prosecution even if the other individual does not wish to press charges. Rather than try fighting these charges alone, allow a Plantation strangulation lawyer to represent you.
A conviction for domestic battery by strangulation could result in a fine and incarceration and will leave you with a criminal record. One of our well-versed domestic violence attorneys at Leifert & Leifert could help you protect your legal rights and vigorously fight to defend you against the charges.
Laws Against Domestic Battery by Strangulation in Plantation
Florida Statutes § 784.041 prohibits domestic battery by strangulation. A strangulation offense occurs when a person intentionally restricts the normal breathing or blood circulation of a family member, dating partner, or household member against that person’s will.
Further, domestic battery by strangulation also involves putting the other person at risk of sustaining serious bodily harm either by blocking that person’s nose or mouth or by applying pressure to the neck or throat.
Plantation Penalties for Strangulation Offenses
The offense of domestic battery by strangulation is a felony of the third degree. The legal penalties for convictions of domestic battery by strangulation in Plantation are a fine up to $5,000 and incarceration for up to five years in prison. The court could potentially also require you to enroll in a batterers’ intervention program if convicted.
Individuals with prior convictions for domestic battery by strangulation or who have been identified as violent career criminals or habitual felony offenders could face harsher penalties, including a lengthier prison sentence and a more substantial fine. A Plantation strangulation lawyer could answer questions about the penalties associated with specific strangulation-related offenses.
Complying with a Protective Order for Strangulation
The Court could issue an injunction for protection against domestic violence, also known as a protective order, in cases involving domestic battery by strangulation. An injunction prohibits the accused or convicted individual from contacting the alleged victim named in the protective order or injunction.
Violating the injunction could result in legal sanctions, including imprisonment and a fine. Actions that would violate an injunction or protective order include:
- Being within 500 feet of the home, school, or workplace of the protected individual
- Committing any domestic violence offense against the protected individual
- Intentionally making unlawful threats to inflict violence on the protected individual
- Contacting the protected individual via telephone or another communication method
- Refusing to leave the home or property shared with the protected individual
- Destroying personal property belonging to the protected individual
Contact a Plantation Strangulation Attorney Today
It is best to have a Plantation strangulation lawyer on your side if you have been accused of or charged with domestic battery by strangulation. Navigating the complex criminal justice and legal systems on your own can be both overwhelming and challenging.
A legal representative who understands domestic violence laws could provide critical legal assistance to help you achieve the best outcome possible in your situation. Contact one of our attorneys at Leifert & Leifert today for assistance with your case.
