What is domestic battery by strangulation in Florida?
The crime of Domestic Battery by Strangulation is a Third Degree Felony in Florida which is punishable by up to 5 years in prison and a maximum fine of $5,000.
This offense occurs when a person:
Intentionally impedes the normal breathing or circulation of a family member or person they are in a dating relationship with by applying pressure on the throat or blocking the nose and mouth.
Defenses to Domestic Battery by Strangulation
- No Significant Risk of Bodily Harm. [1]
- The defendant must have “knowingly and intentionally” impeded normal breathing. In some cases of play or sexual relationships, it may be a defense if there is no evidence that the defendant prevented their partner from breathing through strangulation.
- Self Defense. [2]
- If a family or household member or a romantic partner attacks the defendant first, this may be used to show self-defense.
References:
- Lopez-Macaya v. State, 278 So. 3d 248 (Fla. Dist. Ct. App. 2019).
https://scholar.google.com/scholar_case?case=7106037800986218478&q=Lopez-Macaya+v.+State,+278+So.+3d+248&hl=en&as_sdt=40006 - Miles v. State, 94 So. 3d 662 (Fla. Dist. Ct. App. 2012).
https://scholar.google.com/scholar_case?case=44967974259243206&q=Miles+v.+State,+94+So.+3d+662&hl=en&as_sdt=4,10
Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida
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