Defense Attorney for Domestic Battery by Strangulation Charges
An allegation of domestic violence by strangulation is a serious charge that comes with severe penalties. With these charges, often law enforcement officers must make an arrest, even if they cannot find physical evidence or suspect that the victim is not telling the truth.
Strangulation can be a challenging crime to prosecute because it often leaves behind little physical evidence. Law enforcement officers, medical professionals, and prosecutors, however, are trained to look for evidence to corroborate a victim’s allegation. The prosecutors who handle these cases are often specially trained to prosecute violent crimes where the defendant has an intimate relationship with the victim.
Prosecutors may even pursue attempted homicide charges. This is more likely to occur when the defendant admits to strangling their partner or if the victim has well-documented evidence of bodily harm or injuries.
Even if prosecutors do not pursue attempted homicide charges, a conviction for domestic violence by strangulation can have a significant impact on your life, from where you live to where you work. A conviction for a violent crime can deter employers from hiring you or landlords from renting to you. It could even lead to you losing custody of your children.
You deserve a fair hearing. Weinstein Legal will work tirelessly to get the best possible outcome for your case and preserve your reputation. Contact us at 866-679-1603 or contact our experienced violent crimes defense attorney in South Florida for your free domestic case evaluation today.
Why Hire a Defense Attorney for Domestic Violence by Strangulation?
If you have been arrested for domestic violence by strangulation in South Florida, contact Weinstein Legal at 866-679-1603 for a free legal consultation regarding your case. Do not go through this scary experience alone. We will leave no stone unturned as we prepare a vigorous legal defense for your case.
When it comes to a serious allegation like domestic violence, police are required to follow proper protocols as they collect evidence and arrest and question you. An experienced domestic violence attorney knows what to look for and the best defense strategies for your case, so that your life is not destroyed due to an error by law enforcement.
It is crucial that you hire an experienced domestic violence attorney as soon as possible before the case gets out of hand. They can help get the charges against you reduced or dismissed.
Sometimes defendants think the court will see that they are innocent, but leaving your future to chance in a case where it is your word against the alleged victim’s is too risky. You need an attorney by your side who will aggressively defend your rights and reputation as you face these charges.
Areas In Florida We Represent
If you are facing domestic abuse by strangulation charges, contact our experienced criminal defense attorney in South Florida. We represent individuals in Broward County, Miami-Dade County, and Palm Beach County including the following areas:
- Boca Raton
- Boynton Beach
- Coral Springs
- Delray Beach
- Fort Lauderdale
- Lake Worth
- Palm Beach Gardens
- Pembroke Pines
- Pompano Beach
- West Palm Beach
Penalties for Strangulation Domestic Battery in Florida
Domestic battery by strangulation is considered a third-degree felony. The punishment is up to five years in prison and a $5,000 fine. Sometimes defendants are required to complete the Batterers Intervention Program, a 29-week counseling program.
Convictions for domestic violence crimes cannot be sealed or expunged. This is true even if the court does not adjudicate the charge and you avoid the conviction. If you are on probation due to the charge, you cannot possess a firearm or ammunition during this time. Like with any domestic violence crime, a conviction results in your concealed carry permit being revoked.
What Is Domestic Violence by Strangulation in Florida?
Florida law determines what constitutes domestic battery by strangulation. According to Florida Statute 784.041(2):
A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.
Typically these cases include strangulation using the hands to compress the neck or throat. It may involve a ligature such as a rope.
Best Defense for Domestic Battery by Strangulation Charges
For domestic battery charges, an effective defense strategy is one that combines multiple approaches. Frequently, domestic violence charges are made without much evidence, so the case will be based on the defendant’s and victim’s accounts of what happened.
It is imperative that you do a consultation with a domestic violence lawyer near you before agreeing to a plea deal. You do not want to be scared into taking a plea deal when the evidence against you is weak. A consultation will help you understand any legal remedies.
Your domestic violence attorney will take these steps in your defense:
- File legal motions to get the case dismissed. Your attorney will ask the judge to dismiss your case. If granted, your case will be dismissed without any penalty to you. Other motions may include a motion to suppress illegally obtained evidence or to limit your liability.
- Challenge the Prosecutor’s Evidence. We will examine the facts of your case to determine if the evidence is incomplete for the criminal charges against you. We may subpoena documents to make sure all the facts are presented.
- Prepare a Persuasive Character Packet: We want to provide the court with evidence of your good character. We compile a profile of evidence that speaks to your character and any exoneration circumstances related to the incident and lack of a serious criminal record.
Contacting an experienced domestic battery attorney in South Florida immediately is your best course of action. It improves your chances of having the charges reduced or dismissed.
Find a Domestic Battery by Strangulation Lawyer in South Florida
The penalties for domestic battery by strangulation are harsh. Victims advocates have pushed for more severe penalties for this crime since it is the most lethal form of domestic violence. Despite the harsh consequences, weak evidence can often result in prosecutors dropping the charges. Sometimes prosecutors are willing to offer a pre-trial diversion program, which can help you avoid a felony conviction.
You do not have to face these charges alone. If you have been charged with a violent crime, Weinstein Legal has the knowledge and experience to mount the best possible defense for your case.