Domestic Battery by Strangulation

Although any allegation of domestic violence is serious, an accusation for trying to strangle or suffocate another person comes with the harshest penalties. In many of these cases, there is little physical evidence to support the allegation. Nevertheless, officers in the field are trained to make the arrest, even if the officers have doubts about the veracity or credibility of the alleged victim.

Victim advocates point out the difficulties faced by law enforcement officers when investigating cases of strangulation or suffocation because the victims often have no visible injuries whatsoever.

"Many domestic violence offenders and rapists do not strangle their partners to kill them; they strangle them to let them know they can kill them if they desire. Once victims know this truth, they live under the power and control of their abusers day in and day out." - Domestic Violence Report 19 (6): 81–100. August - September 2014.

Many of these cases are funneled to specially-trained prosecutors in Miami-Dade County who are experienced in prosecuting felony charges for violent crimes, especially when the alleged victim and defendant were previously in an intimate relationship with each other.

In some cases, the prosecutor can even charge the crime as an attempted homicide, particularly when the defendant admits to committing the act of strangulation. The charges can also be upgraded when the victim has well-documented internal injuries, such as orthopedic injuries, neurological injuries, vascular injuries, digestive tract injuries, or laryngotracheal injuries.

At Hubbs Law Firm, founding attorney, E.J. Hubbs, can help you find counseling so that you never put yourself back into a position where a false allegation can be made, or in one in which a conflict will result in an act of violence. He can also reach out to the complaining witness to find out that side of the story.

If you were charged with domestic violence, including domestic violence by strangulation in Miami or the surrounding areas of Miami-Dade County, contact a Miami domestic violence defense attorney at Hubbs Law Firm.

Call us today at (305) 570-4802 for a free consultation to discuss your case.

Penalties for Strangulation Domestic Battery in Florida

The crime of domestic battery by strangulation has a Level 6 offense severity ranking under the Florida's Criminal Punishment Code. It is charged as a third-degree felony which is punishable by up to five years in state prison and a fine of up to $5,000. The court might also impose a requirement that the defendant successfully complete mandatory counseling called the Batterers Intervention Program, which lasts for 29 weeks.

Like any crime of domestic violence, the offense cannot be sealed or expunged, even if the court withholds adjudication and a felony conviction is avoided. You are also prohibited from possessing any firearm or ammunition while on probation. Your concealed weapons permit will be revoked if you are convicted of this or any other domestic violence crime.

Florida Statute 784.041(2) sets out the elements of domestic battery by strangulation as follows:

• Intentionally and knowingly impeding the blood circulation or normal breathing of another person against their will
• The act of applying pressure on the neck or throat of the other person or by the blocking of the person's nose or mouth
• The act causes the breathing or circulation impediment created a risk of or caused great bodily harm
• The victim of the act is a family member, household member, or dating partner of the defendant

As the elements of the offense show strangulation is different from choking. The term "choking" is defined as the blocking of air flow by food or a foreign object in the trachea. On the other hand, "strangulation" is defined by either reduced blood flow or air flow because of an intentional external compression of the airway or blood vessels in the neck.

Most of these cases involve "manual strangulation," or using the hands to squeeze the neck or throat. In some cases, the alleged victim will claim that the defendant used a ligature, such as a belt or rope.

Our Firm Can Help You

Strangulation is defined as a form of asphyxia or lack of oxygen to the brain characterized by closure of the blood vessels and/or air passages of the neck because of external pressure on the neck. In recent years, victim advocates have focused on reforming the laws for the crime of strangulation.

Although the penalties are harsh, when evidence is weak, prosecutors are often forced to drop the charges. In some cases, the prosecutor might consider a pre-trial diversion program so that the defendant does not have to enter a plea in front of the judge and the charge is eventually dropped.

For many of the people that contact E.J. Hubbs, the only acceptable outcome is fighting the cases so that the person accused is completely exonerated of any wrongdoing. Our firm also represents clients on related charges for aggravated battery on a pregnant female, stalking, dating violence, domestic violence, and sexual assault.

If you were charged with a crime of violence, including domestic violence battery by strangulation or suffocation, call a Miami domestic violence attorney at Hubbs Law Firm to discuss the facts of your case. Find out what you need to do right now to protect yourself against this serious accusation of domestic violence battery.

We're ready to provide a free consultation when you call (305) 570-4802 or contact us online.

Additional Resources

• Impact of Strangulation Crimes- Visit the website for the Training Institute on Strangulation Prevention, a program of Alliance for Hope International. Find information on why strangulation is the most lethal form of domestic violence. With a person is strangled, unconsciousness can occur within seconds and death within minutes. Find studies showing that the odds of becoming a victim of attempted homicide increase seven times for women who have been strangled in the past by their partner. Find the latest statistics available on felony legislation and health consequences. Also find links to scholarly articles on the dangers from strangulation in domestic violence cases.
• Domestic Violence Unit of the Miami Police Department - Visit the website of the Miami Police Department to learn more about the Domestic Violence Unit within the Investigation Division's Criminal Investigations Section. The unit investigates misdemeanors and felonies involving a family or household member committed by another past or present family or household member. From the website you can download a Victim Rights Brochure in English, Spanish or Creole.
• National Domestic Violence Hotline – The Domestic Violence Hotline was founded from a grant from the Administration on Children, Youth, and Families and the U.S. Department of Health and Human Services.  Find information on a domestic violence hotline that can be reached 24 hours a day 7 days a week by phone call, text, or chat.
• Miami-Dade County State Attorney’s Office - the Miami-Dade State Attorney’s Office prosecutes individuals who are charged with crimes related to domestic violence.
• Florida Courts - Find information on filing an injunction for protection against domestic violence.
• Department of Children and Families (DCF) - get domestic violence information from the Department of Children and Families who is the Florida agency tasked with protecting children in domestic violence situations.  DCF has a domestic violence hotline that can be used 24/7.
• Miami-Dade Clerk of Court- find information on filing an injunction for protection against domestic violence in Miami-Dade County.