Domestic violence offenses are increasingly some of the most common criminal charges brought by prosecutors in Florida. Contrary to popular belief, domestic violence is not itself a criminal offense. Instead, it is a modifier that changes and enhances the penalties involved with certain violent criminal offenses. Battery, aggravated battery, and even murder are types of offenses that can be characterized as domestic violence offenses. Domestic violence offenses are especially frowned upon by judges, prosecutors, police, and juries. Defense attorneys, on the other hand, understand the complexities of domestic relationships and are able to distinguish situations where true domestic violence incidents occur from those where one party is trying to exert influence or get revenge over their partner.
Like all criminal offenses, domestic violence offenses are separated into tiers based on the seriousness of the factual allegations. Offenses like domestic violence battery, stalking, and violation of injunctions are all misdemeanors. While domestic violence misdemeanors can certainly carry significant criminal penalties, those pale in comparison to the offenses that are categorized as felonies. Aggravated battery, battery on a pregnant woman, and battery on a person over the age of 65 are all common domestic violence charges that are felony offenses. All of those offenses have non-domestic violence versions of the same offense. There is one offense that is specific to the domestic violence category however, and that is domestic violence by strangulation. If you have been investigated for or charged with any domestic violence offense, you should not hesitate to contact a skilled Sarasota domestic violence defense attorney right away.Elements of Domestic Battery by Strangulation
As with any domestic violence offense, prosecutors must first present evidence of a domestic relationship between the defendant and victim. In order to do so, evidence must be put forward to show that the parties were married, shared a child, lived together as a family or that they were related by blood. If any of these prerequisites are met, the prosecution can press forward with charges under the domestic violence umbrella. Once the domestic violence prerequisites have been proven, the prosecution can move on to the meat of the criminal offense.
Domestic violence by strangulation is unique in that it is a domestic violence-only criminal case. For example, that means that you cannot commit battery by strangulation on a stranger or a friend, but only on a family member or spouse. To prove the offense, the prosecution must prove that the defendant intentionally and against the will of the victim, impeded the normal breathing or blood circulation of the victim to the point that there was a risk of causing great bodily harm from the pressure on the throat or neck or from blocking the victim’s nose or mouth. The specifics of the offense of domestic violence battery by strangulation can be complex, which makes it all the more important that you retain a skilled Sarasota domestic violence defense lawyer to aid you in your case.
Domestic battery by strangulation is a third degree felony offense. A person convicted of battery by strangulation can face up to five years in prison or on probation. Because it is a domestic violence offense, there are often other mandatory domestic violence penalties that are also required after a conviction such as anger management or batterer’s intervention counseling. A conviction for domestic violence offenses will often result in a no contact order issued between the defendant and the victim. This will often result in the defendant having to move out of their home and can cause significant upheaval in his or her life. Domestic violence offenses can be life changing, so hiring a competent lawyer is extremely important.Speak to Our Attorneys Today
The lawyers at Hanlon Law have handled hundreds of domestic violence cases on behalf of their clients. If you have been charged, call us for a consultation today at 941.462.1789.