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Battery by Strangulation in Orlando, FL
Battery by Strangulation
Orlando, Florida Battery by Strangulation Lawyer
Battery by strangulation is among the most serious domestic violence offenses under Florida law. These cases often arise during emotionally charged domestic disputes and can escalate quickly once law enforcement becomes involved. While some incidents occur during mutual confrontations or misunderstandings, others begin when an alleged victim contacts police without fully realizing the legal consequences that will follow. Once officers respond to a domestic call, control of the situation shifts entirely to the State Attorney’s Office, which alone decides whether charges will be filed or pursued.
If you have been accused of battery by strangulation in Orlando, immediate legal representation is critical. Attorney William Hanlon, founder of Hanlon Law, has decades of experience defending individuals accused of serious domestic violence offenses and is committed to protecting your rights, freedom, and future.
What Is Battery by Strangulation Under Florida Law?
Battery by strangulation is defined under Florida Statute § 784.041 and is treated as a felony offense. A person may be charged if prosecutors allege that the defendant knowingly and intentionally impeded the normal breathing or blood circulation of another person by applying pressure to the throat or neck, or by blocking the nose or mouth, creating a risk of great bodily harm.
To secure a conviction, the prosecution must prove beyond a reasonable doubt that the alleged act was intentional, nonconsensual, and involved a qualifying domestic relationship. The statute applies only when the alleged victim is a family or household member or a person with whom the accused had a dating relationship. Lawfully authorized acts of medical treatment or care are excluded from prosecution under this statute.
Domestic Relationships Defined in Orlando, Florida
Florida law broadly defines family or household members to include spouses, former spouses, individuals related by blood or marriage, people who currently live together or have lived together as a family, and individuals who share a child together, regardless of marital status. Except in cases involving shared children, the parties must currently reside together or have previously lived together in the same household for domestic violence charges to apply.
A dating relationship must be ongoing and significant in nature. Casual acquaintances or isolated social interactions typically do not qualify. In situations where no domestic relationship exists, other criminal charges may apply, but not domestic battery by strangulation.
Felony Penalties and Collateral Consequences in Florida
Battery by strangulation is classified as a third-degree felony in Florida. A conviction can result in:
- Up to five years in state prison
- Up to five years of probation
- Fines of up to $5,000
Additional consequences often include mandatory completion of a 29-week Batterer’s Intervention Program, loss of firearm rights, revocation of concealed weapon permits, and long-term difficulties securing employment, professional licenses, or housing. This offense is not eligible for sealing or expungement, meaning it will remain permanently on your criminal record.
Defending Against Battery by Strangulation Charges in Orlando, Florida
The appropriate defense strategy depends on the specific facts of the case. Many battery by strangulation cases involve conflicting accounts, limited physical evidence, or exaggerated claims made during emotional disputes. In some cases, injuries may be minimal or inconsistent with strangulation as defined by law.
Potential defenses may include self-defense, particularly where the accused acted to protect themselves from an attack and had no intent to restrict breathing or blood flow. Other defenses may involve lack of intent, insufficient evidence, inconsistencies in witness statements, or improper interpretation of physical signs by law enforcement.
Additionally, police officers, like any witnesses, can misunderstand or misinterpret what occurred at the scene. Early involvement by an experienced defense attorney allows for investigation, preservation of evidence, and presentation of your version of events to the prosecutor before assumptions harden into formal charges.
Speak with an Orlando Battery by Strangulation Lawyer Today
In battery by strangulation cases, the decision to move forward rests solely with the State Attorney’s Office, even if the alleged victim later wishes to withdraw the complaint. For this reason, it is essential to have an attorney who can effectively communicate mitigating circumstances, factual defenses, and legal weaknesses in the case to the prosecution.
Attorney Hanlon has been defending individuals accused of violent and domestic offenses since 1994. He brings extensive courtroom experience, a strong professional reputation, and a commitment to individualized representation in every case he handles.
Choose Hanlon Law for Early Legal Representation
If you are facing accusations of battery by strangulation in Orlando or the surrounding areas, do not underestimate the seriousness of the charge. A felony conviction can permanently impact your freedom, family, and future.
Contact Hanlon Law today by
phone or
online to schedule a confidential consultation with an experienced Orlando battery by strangulation lawyer. Early, proactive defense can make a critical difference in the outcome of your case.
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