Several different acts could constitute domestic violence, including domestic assault and child abuse. One of the most specifically defined types of domestic violence is domestic violence by strangulation. This type of abuse is singled out as its own offense in Florida, and it is considered incredibly harsh.
When a person is accused of this crime, he or she can face a lengthy legal battle that could result in jail time and expensive fines. This domestic violence offense also could mean a lifetime of other consequences, including a felony record, a bad reputation and restrictions from a protective order. The best way to protect yourself is to fight the charges.
Facing accusations of domestic violence can be tough. However, a West Palm Beach domestic violence defense attorney at Meltzer & Bell, P.A. can help you fight your charges and work to get a favorable outcome in your case. At Meltzer & Bell, P.A., we understand how important you future is, and we use our experience to help you protect it.
The skilled criminal defense attorneys at Meltzer & Bell, P.A. use their knowledge of the Florida criminal justice system to advocate for their clients. Lawrence Meltzer, a former prosecutor, and Steven Bell, a former public defender, have experience on both sides of the law. They know what it takes to build a solid defense in a case.
Call (561) 557-8686 to discuss your case with an attorney today. The initial consultation is free. Meltzer & Bell, P.A. represents clients throughout West Palm Beach, Palm Beach Gardens, Delray Beach, Boca Raton, Boynton Beach, Wellington, Jupiter and other surrounding areas.
A person commits domestic abuse by strangulation if he or she impedes 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 of the other person or by blocking the nose or mouth of the other person, according to Florida Statute Annotated § 784.041.
For this charge to apply there has to be a specific relationship between the alleged abuser and his or her victim. According to Florida law, the two must be family or household members, including spouses, former spouses, related by blood or marriage, presently residing together as if a family or who have in the past and people who share custody of a child, regardless of whether they have been married.
A domestic battery by strangulation charge also could apply if the two are involved in a dating relationship. According to Florida law, a dating relationship means a continuing and significant relationship of a romantic or intimate nature.
Domestic violence by strangulation is considered a third-degree felony, according to Florida Statute Annotated § 784.041. In Florida, a third-degree felony could include up to five years in prison, a fine of up to $5,000 or both.
A felony record could have a serious impact on a person's life. This could mean not being able to possess a firearm or not being allowed to vote. These violent offenses also carry a heavy social stigma, and a conviction for such an offense could affect aspects of a person's social and professional lives.
Additionally, after an arrest for domestic abuse, the victim could seek a protective order against his or her alleged abuser. This protective order is designed to limit the interaction between the two people, but it could have outstanding consequences. A person also could be ordered to pay restitution to the victim or to abstain from alcohol.
When a person is charged with a domestic violence offense, he or she could feel like there is no way around it. However, a charge does not have to mean a conviction if you have a strong and solid defense. One of the best ways to fight a domestic violence by strangulation charge is to dispute the elements of the charge.
Domestic violence incidences can become complex situations, and often times both parties are engaged in the abuse. An attorney can use evidence such as the injuries on both parties to prove the accused did not intend to choke or strangle the victim. For instance, if there are no bruises or marks on the other person's neck, it could be argued the offender did not want to strange the victim.
Another aspect that could be challenged is the relationship portion of the charge. For example, the victim could allege the two were romantically involved or were in a dating relationship, when it could be an exaggerated version of the situation.
An attorney can work one-on-one with you to learn more about your particular situation and to discover what possible defense could work against your charges. Not all defenses could apply to every situation. It is important to examine all of the information concerning your unique circumstances.
If you have been charged with domestic abuse by strangulation, contact a West Palm Beach domestic violence defense lawyer at Meltzer & Bell, P.A.. Our attorneys have years of experienced fighting for the rights of clients facing these charges. They understand your future is important, and they can help you protect it. Call (561) 557-8686 to schedule a free consultation.