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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. To prove the crime of domestic battery by strangulation, the government must prove the following:

1. The defendant knowingly and intentionally impeded the normal breathing or circulation of the victim’s blood against the victim’s will by applying pressure on the throat or neck or blocking the victim’s nose or mouth.
2. In so doing, the defendant created a risk of great bodily harm to the victim or caused great bodily harm to the victim; and
3. 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. Often, an alleged victim will report to the police that the defendant hit them in the neck or that the defendant put their hand on the victim’s neck. That alone is not enough to prove this crime. The statute requires that a defendant stop breathing or blood flow for it to rise to the level of a felony. Again, like other assault and battery charges, common defenses are self-defense, accident, or that the victim is lying.