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Top Domestic Battery Defense Attorney Jason Cromey, Esq. on:
Domestic Battery by Strangulation : F.S. 784.041(2)(a)
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Domestic Battery by Strangulation - § 784.041(2)(a) creates a unique type of felony battery that does not require proof of permanent bodily harm, permanent disfigurement, or the use of a deadly weapon. In order to prove the crime of domestic battery by strangulation the government must prove:
- The Defendant knowingly and intentionally impeded the normal breathing or circulation of the blood of the victim against the victim’s will by applying pressure on the throat or neck, or by blocking the victims’ nose or mouth.
- In so doing, the Defendant created a risk of great bodily harm to the victim or caused great bodily harm to the victim; and
- The Defendant was a family member of the victim, a household member of the victim, or in a dating relationship with the victim.
For years I have seen people improperly charged with this crime. Many times, an alleged victim will report to the police that they were hit in the neck, or that the defendant put their hand on the victim’s neck. The statute requires that a defendant actually stop breathing or blood flow in order for it to rise to the level of a felony. Again, like other assault and battery charges, common defenses are self-defense, stand your ground, accident, or the victim is lying.