§ 784.041(2). Domestic Battery by Strangulation.

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.

The offense of Domestic Battery by Strangulation occurs when a person:

The offense of Domestic Battery by Strangulation occurs when a person:

1. 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

Some of the defenses to Domestic Battery by Strangulation are:

  • 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. 

There are other possible defenses which I can explore with you during our Free Initial Consultation.

Contact Criminal Defense Attorney
Glenn M. Swiatek

Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Domestic Battery by Strangulation in Northwest Florida please call us today at (850) 609‑0940 or send this form.

Initial Office Consults are free, and I will make myself available to suit your schedule.

Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring when you are charged with Domestic Battery by Strangulation.

References:

  1. 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
  2. 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