Many states, including Florida, have mandatory arrest policies for domestic violence calls. This means that when police respond to a domestic violence call, they must arrest one party if it appears that a crime has been committed. State law specifically criminalizes choking or strangulation if committed during a felony assault or domestic abuse situation.
Anyone facing these charges should get legal advice from a Fort Pierce strangulation lawyer. Our assault attorneys at Jonathan Jay Kirschner, Esq., & Associates are experienced and can help protect your legal rights, obtaining the best possible outcome.
Felony battery by strangulation, under Florida statute § 784.041, is intentionally applying pressure to a person’s throat or neck to impede their breathing or circulation. Strangulation in this context does not include any medical treatment that might involve similar actions. This act is a third-degree felony punishable by up to five years of imprisonment if proven in court.
Domestic abuse cases, specifically, can include assault and battery, stalking, or kidnapping when it involves a spouse, partner, or other household member. If police arrive on a scene and find one partner with marks on their throat, neck, or face suggestive of a choking or strangulation attempt, they must arrest the other partner, regardless of the circumstances. What happens next depends upon the Fort Pierce prosecutor, even if the victim claims no strangulation happened.
Our Fort Pierce attorneys at JKK/LLC can investigate the strangulation claim thoroughly and interview any witnesses to the incident, including the responding officers. In the case of domestic violence, courts consider claims seriously, since others besides the victim and the alleged offender are often involved. If the parties have minor children who are present, judges will often impose far more severe punishment, even if both parties agree that it was an insignificant or one-time incident.
Possible defenses to a strangulation charge include:
After an arrest, the prosecutor takes charge of the case, and what you or the alleged victim says may not matter. The prosecution can proceed with the case even if the victim claims nothing happened or recants their statement. When this happens, both your rights and the victim’s are at risk.
After an assault or domestic abuse arrest, you may be confused and angry, as well as unsure about your next step. You need a Fort Pierce strangulation lawyer to assist you with the case. At JKK/LLC, our attorneys are here to help you with your defense by investigating your case and reviewing the arrest, ensuring that protocols were properly followed. Call our offices as soon as possible for a case review.
