Domestic Battery by Strangulation
When it comes to allegations of domestic battery involving strangulation in Florida, the main objective of the police officer or other law enforcement officer who arrives at the scene, as well as any other court officials, is to protect the alleged victim from any actual or further acts of domestic violence. This means that no matter if the allegation reported to the police was the result of an exaggeration or a simple misunderstanding, the alleged offender is likely going to be arrested and taken to jail.
An experienced Brooksville domestic violence defense attorney can ensure your rights are protected from the beginning and fight the charges arising from the alleged offense. When considering an attorney as a part of your defense strategy, it is best to exercise your right to an attorney and contact him as soon as possible after your arrest.
Brooksville Domestic Battery by Strangulation Lawyer
If you have been arrested for this type of domestic battery charge in Hernando County, Citrus County, Sumter County, or any surrounding area, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, make sure that you as the alleged offender are protected by contacting The Law Office of Ashley Aulls, P.A..
Ashley Aulls has spent over 20 years helping criminal defense clients like you. He believes in educating a client on his or her offense and keeping open communication lines for any questions or concerns while fighting ruthlessly against your charges. To find out what The Law Office of Ashley Aulls, P.A. can do for your domestic battery charge in Hernando County or the surrounding areas, call (352) 593-4115 today and schedule your initial case consultation.
Hernando County Domestic Battery by Strangulation Overview
- Domestic Battery by Strangulation in Florida Defined
- Penalties for Domestic Battery by Strangulation in Florida
- Additional Consequences for Domestic Battery by Strangulation in Florida
Florida Statute § 316.193 defines this criminal offense as knowingly and intentionally impeding the normal breathing or circulation of the blood so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck or by blocking the nose or mouth of a person with which they have a family, household, or dating relationship.
Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if family, persons who have resided together in the past as if family, and persons who are parents of a child whether or not they were ever married. Except in the case of parents of a child, the family or household members must be currently residing in, or have in the past resided in, the same single dwelling unit.
Dating relationship means a continuing and significant relationship of a romantic or intimate nature.
Cases involving domestic battery by strangulation are usually hot topics in Florida. These cases are prosecuted aggressively in which a judge can sentence an individual to the statutory maximum of five years in prison.
A domestic violence battery by strangulation charge can disrupt your life. You can be ordered to stay away from your home, family, and children. Other harsh penalties can result from domestic battery by strangulation, such as a third-degree felony. A conviction can result in:
- Up to five years in prison
- Up to $5,000 in fines, in addition to court costs
What makes a domestic violence conviction different from other charges like simple assault and battery are the additional legal sanctions, accompanying collateral sanctions, and social stigma. An arrest for a domestic violence offense such as domestic battery that involves strangulation can prevent you from immediately bonding out of jail, cause a 24-hour no-contact provision, and be used against you in divorce or other family law proceedings.
Domestic violence cases are also not eligible for record sealing, even if the court withholds adjudication in your case. Additionally, a conviction for a felony such as domestic battery by strangulation will result in a lifetime ban against you owning a firearm and possibly deter potential employers.
It is important to note that it is the decision of the State Attorney and the courts, not the alleged domestic violence victim, on whether or not to press charges and follow through with your case. If the alleged victim does not wish to move forward, your experienced Homosassa Springs domestic violence defense attorney can use this as a mitigating circumstance by making the alleged victim’s wishes known to the prosecution and the judge.
If the victim does wish to press charges, having a qualified domestic battery by strangulation defense lawyer serving the Brooksville area by your side to protect your rights could be the difference between a conviction and a more favorable outcome, such as a dismissed case.
Find a Domestic Violence Defense Attorney in Hernando County, Florida
If you have been charged with domestic battery by strangulation in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, or elsewhere in and around Hernando County, contact experienced domestic violence defense lawyer Ashley Aulls. He will treat you with dignity and respect while fighting to protect your rights and your future from a domestic battery by strangulation charge. Call (352) 593-4115 to set up a consultation.