A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, 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. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
A Daytona Beach domestic battery by strangulation can result in being sentenced to:
- Up to 5 years in Prison.
- Up to 5 years of probation.
- Up to $5,000.00 in fines.
- Mandatory Batterers Intervention Course
- Forfeit Firearm Permit
- Forfeit All Firearms
- No eligibility to have your record sealed
- Court Costs
- Felony conviction
- Community service
- No contact order
- Substance abuse evaluation and treatment
Defenses to Daytona Beach Domestic Battery by Strangulation
It is possible to fight a domestic battery by strangulation charge in Daytona Beach. One of the easiest ways is to disprove one of the elements of the charge. In most cases, the defendant does not intestinally stop the breathing of the alleged victim.In domestic violence situations, typically both parties are mutually fighting or one person is fighting and the other person is trying to protect themselves from injury. Based on the injuries sustained, it can be shown whether or not the victim was actually strangled. If there are no marks or injuries to the neck this is a good indicator that the intent was not to strangle the alleged victim. Common strangulation injuries include hoarseness, scratches, abrasions, scrapes and redness under the eyelids or on the whites of the eyes.
Another part of the charge is that the defendant has to knowingly stop the normal breathing of the victim. It is possible for the defendant to have touched the victim without stopping the normal breathing pattern. If the victim was able to scream, yell, or talk during the course of the altercation, there is no way that the breathing pattern was interrupted.
Another part of the law says that the alleged victim must be someone you were in a relationship with or you formerly were in a relationship with. Sometimes a spurned acquaintance can make up a completely fabricated story to get revenge for being rejected. This is strange but for the it is only a felony to strangle someone that falls under the definition of a domestic relationship. If you strangle a stranger without seriously injuring them it would only be a misdemeanor.