When you’re charged with accusations of domestic battery by strangulation in Florida, it’s not just a bump in the road—it’s a full-blown crisis.
Navigating the legal process can feel downright intimidating. But you don’t have to feel alone; we’re here to help. At Fletcher & Fletcher, our criminal defense attorneys understand the complexities and severity of such accusations.
As seasoned criminal defense attorneys based in Florida, we are committed to providing guidance and support to individuals navigating the legal process in domestic violence cases.
What is Domestic Battery by Strangulation According to Florida Statute?
Per Florida Statute 784.041, a domestic battery by strangulation offense occurs when an individual knowingly and intentionally obstructs the normal breathing or blood circulation of the victim.
The battery charge can escalate to a felony when perpetrated against specific protected groups. Here are a few examples of such groups:
- Healthcare workers
- Law enforcement officers
- Emergency responders
- School teachers
- Corrections officers
- Pregnant individuals
- Family and household members, as outlined in domestic violence statutes
This obstruction is typically achieved by applying pressure to the throat or neck or by blocking the mouth or nose, resulting in serious bodily harm or posing a significant risk thereof.
It’s critical to understand that domestic battery by strangulation is classified as a felony in Florida, reflecting the severe and potentially life-threatening nature of the offense.
Process of a Domestic Battery by Strangulation Case?
When an individual faces charges of domestic battery by strangulation in Florida, they embark on a legal journey marked by several key stages.
To give you an overview of how it looks like, here’s an outlined list of what happens in the case process:
- Arrest: The process initiates with the arrest of the accused, typically prompted by the alleged victim or a witness contacting law enforcement.
- Booking: Following the arrest, the accused is taken into custody and processed at the local police station or county jail.
- Initial Appearance: Subsequently, the accused may undergo an initial appearance before a judge, where bail or bond conditions could be established.
- Arraignment: In certain instances, an arraignment may be scheduled, affording the accused the opportunity to be informed of the charges against them and enter a plea of guilty, not guilty, or no contest.
- Pretrial Proceedings: This phase entails pretrial motions, evidence gathering, and negotiations between the prosecution and defense. It is a critical juncture where a proficient defense attorney can challenge evidence and strive for a favorable resolution.
- Trial: Should no plea agreement be reached, the case proceeds to trial, where the prosecution bears the burden of proving the accused’s guilt beyond a reasonable doubt.
- Sentencing: In the event of a guilty verdict, a separate sentencing hearing is convened to determine the appropriate penalties for the accused.
Consequences of a Domestic Battery by Strangulation in Florida
If convicted of domestic battery by strangulation charges, you could look at up to five years behind bars or probation, coupled with a hefty fine of up to $5,000.
Mandatory counseling, anger management classes, and restraining orders could become unwelcome additions to your life. You may also find yourself footing the bill for the victim’s medical expenses or counseling costs, adding insult to injury.
Furthermore, the stain of a felony conviction can cast a long shadow, impacting employment opportunities, housing prospects, and fundamental civil rights, including the right to own firearms.
In family law cases, such a conviction can also lead to the loss of custody or visitation rights, further compounding the profound consequences of this offense.
Navigating the Legal Course: Why Experienced Legal Representation Matters
Facing charges of domestic battery by strangulation in Florida is a serious and life-altering situation. Having the support of skilled Florida-based domestic battery by strangulation defense attorneys, no matter which area in Florida you’re from, is crucial to navigating the complex legal process.
These attorneys provide essential support by leveraging their legal experiences, scrutinizing evidence, negotiating with prosecutors, representing clients in trials, and protecting their constitutional rights.
Given the severity of the offense and the intricacies of the legal system, enlisting the services of a seasoned domestic violence defense attorney is essential for securing the best possible outcome in such cases.
Secure Defense Against Domestic Battery by Strangulation Charges with Fletcher & Fletcher — Contact Us Today!
Mounting a defense against domestic battery by strangulation allegations demands a nuanced approach and seasoned legal guidance.
In Florida, the repercussions of a conviction for domestic battery by strangulation could be severe. To safeguard your rights and pursue a favorable outcome, it’s imperative to enlist the support of experienced legal professionals, such as Attorney Rick Fletcher and Attorney Jenna Fletcher.
At Fletcher & Fletcher, our Florida domestic battery by strangulation defense attorneys bring decades of combined legal experience and results to the table.
Given your unique circumstances, we’re dedicated to helping you navigate the complexities of your case and achieve the best possible outcome.
Our commitment to excellence starts with an initial consultation—no strings attached. Contact us today to schedule.
