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. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
A Daytona Beach domestic battery by strangulation can result in being sentenced to:
Up to 5 years in Prison.
Up to 5 years of probation.
Up to $5,000.00 in fines.
Mandatory Batterers Intervention Course
Forfeit Firearm Permit
Forfeit All Firearms
No eligibility to have your record sealed
No contact order
Substance abuse evaluation and treatment
Defenses to Daytona Beach Domestic Battery by Strangulation
It is possible to fight a domestic battery by strangulation charge in Daytona Beach. One of the easiest ways is to disprove one of the elements of the charge. In most cases, the defendant does not intestinally stop the breathing of the alleged victim.In domestic violence situations, typically both parties are mutually fighting or one person is fighting and the other person is trying to protect themselves from injury. Based on the injuries sustained, it can be shown whether or not the victim was actually strangled. If there are no marks or injuries to the neck this is a good indicator that the intent was not to strangle the alleged victim. Common strangulation injuries include hoarseness, scratches, abrasions, scrapes and redness under the eyelids or on the whites of the eyes.
Another part of the charge is that the defendant has to knowingly stop the normal breathing of the victim. It is possible for the defendant to have touched the victim without stopping the normal breathing pattern. If the victim was able to scream, yell, or talk during the course of the altercation, there is no way that the breathing pattern was interrupted.
Another part of the law says that the alleged victim must be someone you were in a relationship with or you formerly were in a relationship with. Sometimes a spurned acquaintance can make up a completely fabricated story to get revenge for being rejected. This is strange but for the it is only a felony to strangle someone that falls under the definition of a domestic relationship. If you strangle a stranger without seriously injuring them it would only be a misdemeanor.
The defenses are unique to each case. A great deal of domestic violence cases are fabricated so that the alleged victim can get an advantage in child custody disputes, divorce cases, gaining citizenship in immigration court, or just gaining leverage in a relationship. We see it all the time when a party is done with a relationship and suddenly they are charged with domestic violence as they are moving out.
If you are accused of domestic battery by strangulation contact attorney Kevin J. Pitts for a free case evaluation. Mr. Pitts is a former Daytona Beach prosecutor that has focused his practice exclusively on criminal defense since 2010. Call 386-451-5112 today to talk about your case with an experienced Daytona Beach criminal defense attorney.
Attorney Kevin J. Pitts 4195 N 17-92 Sanford, Florida 32773 PHONE (407)-268-3688 CELL (407)-883-6853 FAX (407)-732-4834 firstname.lastname@example.org
Attorney Kevin J. Pitts 747 South Ridgewood Ave., #105 Daytona Beach, FL 32114 PHONE (386)-451-5112 CELL (407)-883-6853 FAX (407)-732-4834 email@example.com