Domestic Battery by Strangulation
Florida Domestic Battery Attorney
One of the most common types of domestic violence offenses under Florida law is the misdemeanor offense of Domestic Battery. Although the charge may only be a misdemeanor offense under Florida law, a conviction (or disposition involving a "withhold of adjudication") can have serious consequences on an individual's criminal record, ability to find employment, and right to ever own a firearm. Contact an attorney today to discuss your arrest for domestic battery in Tampa or Plant City, Hillsborough County, Florida. Whether you need an attorney for a domestic battery charge in the cities of St. Petersburg, Clearwater, Bartow, New Port Richey, Dade City, or the counties of Pinellas County, Polk County, Manatee County or Pasco County, call 813-250-0500 today to speak with a domestic battery attorney about the specific facts and circumstances of your case.
False allegations can occur in domestic battery cases in Florida. Many of these Florida domestic battery cases involve individuals who are contemplating a divorce, alimony, child custody or child support dispute in family law court. Individuals arrested for domestic battery in Florida can including professional and highly educated men and women such as doctors, business owners, lawyers, police officers, and state and federal government employees. For professional men and women facing a false allegation of domestic violence in Florida, the stakes could not be higher because their career is on the line.
In many cases, when the police in Florida are called out on an emergency call for any allegation involving domestic battery, one of the parties involved is going to be arrested. In fact, many clients tell us that the first thing the officer says when he arrives on the scene is that "someone is going to jail." Officers in Florida are trained to make an arrest for domestic battery even in cases in which they have a difficult time determining the "primary aggressor." Many of these cases involve no visible signs of injury. Domestic battery can involving any offensive touching, including throwing an object in a manner unlikely to cause any physical harm. Even a push or shove can result in an arrest for domestic battery.
If you have been arrested for domestic battery, contact an attorney at the Sammis Law Firm to discuss your case, and what you might need to do now to protect yourself and your rights. A Florida domestic battery lawyer can also help you with many of the other consequences of the arrest, including the initial appearance, a bond hearing, and removing a "no contact" provision of the bond conditions in Hillsborough County, Pinellas County, Polk County, Pasco County, and Manatee County, Florida.
In many of these cases, the client must also answer an allegation in civil court for a Florida domestic violence restraining order or a protective order. The best defense in a domestic violence or domestic battery case requires a full service approach to address not only the criminal charge, but all of the other issues that can go along with the arrest. Call the Sammis Law Firm at 813-250-0500 to discuss your case today with an attorney that is experienced in fighting domestic battery charges in Florida, including Hillsborough County, Pinellas County, Polk County, Pasco County, and Manatee County.
Felony Offense of Domestic Battery if Strangulation is Alleged
If you have been arrested for domestic battery by strangulation, this is a serious felony criminal offense with serious felony criminal penalties including a prison sentence. Contact us to speak with a Tampa Domestic Battery Attorney who can aggressively defend you against these charges. Under Florida Statute § 784.041(2)(a), Domestic Battery by Strangulation, the prosecutor must prove the following elements beyond all reasonable doubt:
- The defendant intentionally and knowingly impeded the normal breathing and circulation of the blood of the victim against her will by applying pressure on the throat or neck of the alleged victim or by blocking the nose or mouth of the victim.
- By doing so, the defendant created a risk of great bodily harm to the victim; and
- The defendant was in a domestic relationship with the alleged victim under either of the following circumstances:
- in a dating relationship with the victim, which means a continuing and significant romantic or intimate relationship; or
- a family or household member of the victim, which includes spouse, former spouse, person related by blood or marriage, live-in lovers, former live-in lovers, parents with a child in common.
Domestic Battery by Strangulation is a serious criminal offense under Florida law. If you were arrested in the Tampa Bay area, including Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, or Sarasota County, contact the Sammis Law Firm, P.A. to discuss your case.
Related Domestic Violence Charges under Florida Law: