Domestic Battery by Strangulation

Domestic battery by strangulation occurs when an individual knowingly and intentionally strangles, or applies pressure to the throat or neck of, a family or household member, against their will, in a manner that impedes the person's normal breathing or blood circulation. This offense is considered a serious form of domestic violence and is classified as a felony.

The key elements of domestic battery by strangulation in Florida are:

• Intent: The defendant must act intentionally.  This means that the defendant intended to make physical contact with the victim and knew or should have known that the contact was unauthorized. The defendant had to knowingly and intentionally apply pressure to the throat or neck of the victim.

  
  

• Touching or Striking: The defendant intentionally touched or struck the victim against their will. This can include actions such as hitting, slapping, pushing, or any other form of physical contact.  This can also include throwing an object that strikes another person.  Note that for misdemeanor battery, there is no requirement that the person be injured or that a deadly weapon is used.

  
  

• Lack of Consent: The prosecution must prove that the touching or striking occurred without the consent of the victim; or “against their will”. Consent means that the victim willingly agreed to the contact.  Consent is a common defense to battery, as explained below.

  
  

• Relationship: The victim must be a family or household member of the defendant. This can include spouses, former spouses, individuals related by blood or marriage, individuals who currently or previously resided together as a family, or individuals who have a child in common.

  
  

• Impeded Breathing or Blood Circulation: The act of strangulation must impede the victim’s normal breathing or blood circulation.

  
  

Penalties for Domestic Battery by Strangulation

Domestic battery by strangulation is classified as a third-degree felony in Florida, and if convicted, a person may face penalties such as fines, probation, or even jail.  The maximum penalties for assault are any combination of:

·       $5,000 fine

·       5 years probation

·       5 years prison

Other Consequences of Conviction

If convicted of domestic battery by strangulation, a defendant will be required to take a 29-week batterer’s intervention course, will have their concealed weapons permit revoked, and is ineligible for sealing or expungement. 

Defenses to Domestic Battery by Strangulation

• Self-Defense: If the defendant reasonably believed that they were in imminent danger of bodily harm or that force was necessary to defend themselves against such harm, they may have a valid self-defense claim.  However, the use of force must be proportional to the perceived threat.

  
  

• Defense of Others: Like self-defense, a person may use reasonable force to defend another individual who is in imminent danger of bodily harm.

  
  

• Consent: If the victim consented to the physical contact, it may serve as a defense to domestic battery by strangulation. However, consent must be freely given and not obtained through coercion or fraud.  Because non-consensual contact is an element of the crime, consent is a defense.

  
  

• Insufficient Intent/Accident: If the physical contact was unintentional or the result of an accident, the defendant may argue that they did not have the requisite intent to commit battery.  Intent is determined by the circumstances of the event. 

  
  

• Lack of Evidence:  The act of strangulation must impede the victim’s normal breathing or blood circulation.  If a defense attorney can provide evidence that the victim was able to talk, did not lose their breath, or did not lose consciousness, it is likely that they will be able to get the charge reduced to simple battery.

Other Considerations in Domestic Battery Cases

A common question that attorneys get asked is how a victim can “drop charges” in a criminal case.  A victim in a criminal case is just a witness and has no power to bring forth charges.  The State of Florida is the only party that can bring criminal charges or dismiss them.  The State can proceed with battery charges even without a cooperative victim. 

There are ways that a victim can express their desires to have the charges dismissed.  This includes recorded statements provided to the State Attorney’s Office or drafting and filing a Declination of Prosecution. 

Often times, a situation involving domestic battery by strangulation arises as a result of some other underlying issue in the home.  Addressing the underlying issue is often a good first step in achieving a better result for a defendant.  This could include attending anger management courses, counseling, completing a drug and alcohol evaluation and recommended follow up treatment, or completing mental health counseling.  At the end of the day, the goal is to address the issue in an attempt to prevent the situation from reoccurring.  

If you or someone you know is facing a Domestic Battery by Strangulation charge, contact Howeller Law, P.L.L.C. today.  Consultations are always free.