Client was arrested and charged after a domestic violence-related incident. An officer was sent to a residence in North Fort Myers in response to a report of a domestic disturbance. Upon arrival, the officer discovered the client, who was highly intoxicated, along with his live-in-girlfriend, his girlfriend’s adult daughter, and the daughter’s boyfriend. According to the police report, after drinking all day the client abruptly and without warning lunged at his girlfriend and began to choke her. Her daughter then grabbed a beer bottle and struck the client twice in the head. The client then began to choke the daughter until the daughter’s boyfriend pulled the client away from her. In his report, the officer noted that both victims had red marks on their necks. Our client was arrested and charged with two counts of Felony Battery – Domestic Battery by Strangulation.
Felony Battery – Domestic Battery by Strangulation
According to the Florida Statutes, Section 784.041(2)(a) “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.”
The penalties for domestic battery by strangulation are 5 years in prison, 5 years probation, and a fine of $5,000. Under Florida’s Criminal Punishment Code, they will be assigned a level 6.
If convicted of domestic battery by strangulation, one could face a 26-week Batterer’s Intervention Program (BIP). If a person has a concealed weapon license, they will be forced to give it up. They will not be allowed to ever have their record sealed or expunged.
Florida’s Own Musca Law Firm
Musca Law has been helping individuals who have been charged with felonies for many years. Our team has over 150 years of collective experience. We know our way around the courtroom, which allows us to fight tooth and nail for you.
If you have been charged with domestic battery by strangulation, our firm wants to hear from you. We will offer you a free initial consultation to make sure we are a great fit for the case. From there, we will start working on a defense after gathering as many facts as we can.
We aim to offer you a personalized service. Not only will our defense be strong, but it will weaken the prosecution’s case. Please call us today to set up your appointment.
RESULT: Despite being charged with two felonies each punishable by up to five years in prison, our client was released with probation and an order for counseling. After our client retained us, we successfully negotiated a plea agreement, whereby jail time was avoided, despite having been charged with two third-degree felonies. NO CONVICTION!