Domestic Battery by Strangulation

Tampa Domestic Abuse Lawyer

The National Coalition against Domestic Violence states that one of the top five risks factors in homicides caused by domestic violence is strangulation. Every year in the United States 10% of violent deaths are caused by strangulation.

In 2007 the state of Florida passed legislation, Section 784.041, which made domestic battery by strangulation a felony. It states that a felony battery is committed if a person actually and intentionally touches or strike another person against the will of the other and intentionally impedes the normal breathing or circulation of the blood of that other person.

Domestic battery by strangulation is a third degree felony, with punishment of up to five years in prison. It occurs when a person "applies pressure on the throat or neck of the other person or by blocking the nose or mouth of the other parson." The charge can become aggravated battery if a weapon is used or if a person intentionally causes serious injury. If you end up being convicted of domestic battery by strangulation, you may be looking at serious jail time. A Tampa domestic violence lawyer from The Law Office of Timothy Hessinger can provide the strong defense you need to protect your rights and, hopefully, have your charges reduced or dismissed.

Tampa Prosecutors Want You Convicted

The state of Florida requires that each State Attorney assign special prosecutors to domestic violence cases that are specifically trained to handle such cases. Our defense team at The Law Office of Timothy Hessinger understands what defenses can be employed to avoid conviction, because Attorney Tim Hessinger received this training as a former state prosecutor. In domestic violence cases where strangulation is alleged every piece of evidence and every witness statement must be carefully scrutinized.

The state can and will usually pursue prosecution even if the accuser does not want to do so. Having an attorney in your corner who is a former domestic violence prosecutor and knows the strategies and tactics that law enforcement and the state use to put their case together can increase your chances of obtaining a charge reduction or dismissal.

Contact a Tampa domestic abuse attorney today if you have been charged with domestic battery by strangulation.