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Domestic Violence by Strangulation

Florida law imposes harsher consequences when domestic violence involves an attempt to strangle a person. The State of Florida enacted a separate statute §784.041, which deals with the definition of domestic violence by strangulation and the consequences.

Unlike a simple battery, domestic violence by strangulation is a felony offense. Section 784.041 would apply to any domestic or dating relationship as defined by Section 784.041(3).

Law enforcement officers do not have to see physical evidence of abuse or injury in order to bring charges. In fact, in many of these cases, it is just one person's word against the other.

The number of domestic violence arrests made in Escambia County is high. There were more than 3,100 reported cases of domestic violence in Escambia County last year. In 2015, Escambia County had five homicide cases that involved domestic violence.

Additionally, felony domestic violence cases involving a pregnant female, strangulation, or serious bodily injury are taken very seriously in this county.

Attorney for Domestic Violence –By Strangulation

If you are under investigation for non-fatal choking or strangulation or any domestic violence in Pensacola or Escambia County, then speak with an experienced criminal defense attorney as soon as possible to begin a defense. 

If you had the misfortune of being charged with domestic violence by strangulation, call a lawyer who will fight the case to help you obtain the best possible result. If the accusations against you are false or exaggerated, then the best result is getting all of the charges dismissed before trial.

Call (850) 764-5291 to schedule an appointment to speak with Attorney John Terrezza about the facts of your case. 

Domestic Violence by Strangulation in Statute §784.041

In order to convict someone of domestic violence, the prosecution must prove each of the following elements beyond a reasonable doubt:

  1. The defendant intentionally and knowingly impeded the normal breathing or blood circulation of the victim;
  2. the victim is a family or household member or a person with whom he or she is in a dating relationship;
  3. the defendant's actions created a risk of, or caused great bodily harm; 
  4. the defendant applied pressure on the throat or neck of the victim; or
  5. the defendant blocked their nose or mouth.

Useful Definitions under Florida Statute §784.041

Family or household member is defined as a spouse, former spouse, persons related by blood or marriage, persons who reside together as a family or who have, in the past, resided together as a family, and persons who are parents of a child in common regardless of whether they have been married. Except for co-parents, the family or household members must be currently residing or have, in the past, resided together in the same single dwelling unit.

A dating relationship is defined as a continuing and significant relationship of a romantic or intimate nature.

Penalties for Domestic Violence by Strangulation Charges

A person who is guilty of domestic violence by strangulation commits a third-degree felony punishable by up to five (5) years in prison and up to $5,000 fines.

Additional Resouces

Florida Statute §784.041 –Visit Online Sunshine, the official website of the Florida Legislature, for the full statute on domestic violence by strangulation. Find the statutory maximum penalties for this third-degree felony. Also find the definitions to phrases used in the statute including “Family or household member” and “Dating relationship.” 

Find an Attorney for Domestic Violence by Strangulation in Escambia County, FL

If you or someone you know has received a notice to appear for charges under Florida Statute §784.041, act now and call an attorney who will explain the best course of action for your case. Call Attorney John Terrezza at (850) 764-5291 or go online for a free evaluation of your case.

Attorney John Terrezza fights for the rights of criminal defendants. He has experience in criminal litigation throughout the Florida Panhandle in Santa Rosa, County in Milton and Escambia County, in Pensacola, Florida. He also takes federal cases in the United States District Court for the Northern District of Florida.

This article was last updated on Thursday, December 29, 2016.