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Domestic Battery by Strangulation

Pursuant to Florida Statute 784.041(2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

Elements

To prove the crime of Domestic Battery by Strangulation, the State must prove the following three elements beyond a reasonable doubt:

  1. The accused knowingly and intentionally impeded the normal breathing, circulation of the blood of the alleged victim against his or her will by applying pressure on the throat or neck of  the alleged victim by blocking the nose or mouth of the alleged victim.
  2. In so doing, the accused created a risk of great bodily harm to the alleged victim or caused great bodily harm to the alleged victim.
  3. The accused was a family or household member of the alleged victim or in a dating relationship with the alleged victim.

Penalties

Domestic Violence Battery by Strangulation is a third degree felony punishable by up to 5 years in Florida State Prison.

Florida has several types of battery crimes:

  1. Misdemeanor Battery,
  2. Aggravated Battery,
  3. Domestic Violence Battery,
  4. Battery on a Law Enforcement Officer,
  5. Felony Battery

If you are charged with any Domestic Violence crime in Broward County, an experienced Criminal Defense Attorney is essential.  For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.

David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.