Miami, FL Strangulation Charges Lawyer

Attorney for Charges of Battery by Strangulation in Miami, Florida

People who are charged with violent crimes may face increased penalties based on accusations of strangulation. Even if a case did not involve visible injuries, claims that a person choked or strangled someone can elevate battery charges to felony offenses. Because of the serious consequences that may apply when a person is convicted of an offense involving strangulation, legal representation can be crucial when defending against these charges.

Stroleny Law: Criminal Defense Attorney provides legal help for people facing strangulation charges in Miami. Our lawyer understands the unique challenges involved in these cases, including the aggressive tactics that may be used by prosecutors, medical and forensic evidence, and allegations of domestic violence. He can conduct investigations and consult with medical professionals to understand the evidence, and he will develop defense strategies while advocating for the rights of clients.

Understanding Criminal Charges Related to Strangulation

Strangulation and choking may involve placing pressure on someone's neck and restricting blood flow or preventing them from breathing normally. Florida Statutes § 784.031 addresses battery by strangulation, defining it as purposefully impeding someone's breathing or circulation against their will by applying pressure to the neck or throat or blocking breathing through the mouth or nose. A person may be charged with battery by strangulation if their actions put someone at risk of suffering great bodily harm.

The elements of battery by strangulation require prosecutors to prove several facts beyond a reasonable doubt. Prosecutors must establish that the defendant intentionally impeded someone's breathing or blood circulation. They must show that this action was against the will of the alleged victim. They must prove that the defendant applied pressure to the throat or neck or blocked the person's nose or mouth. They will need to demonstrate that the defendant's actions put the alleged victim at risk of experiencing serious injuries.

The Serious Nature of Strangulation Charges

Battery by strangulation is classified as a third-degree felony in Florida, and a conviction may be punishable by up to five years in prison, as well as a potential $5,000 fine. This is a dramatic escalation from simple battery, which is a first-degree misdemeanor carrying a maximum sentence of one year in jail.

When responding to domestic disturbances or other situations involving allegations of battery, law enforcement officers are trained to look for signs that strangulation may have occurred. These signs can include redness or marks on the neck, an alleged victim's hoarseness or difficulty speaking, or complaints of neck pain or headaches.

Prosecutors pursue strangulation charges aggressively, even in cases where alleged victims change their stories or do not want to press charges. The state's attorney's office, not the alleged victim, will decide whether to charge a person with a crime. Prosecutors may proceed with a strangulation case over the objections of the person who initially reported the incident.

The consequences of a conviction can affect a person in many ways. A felony conviction will result in the loss of certain civil rights, including voting rights and the right to possess firearms. Employment in law enforcement, military service, and other professions may become impossible after a person has been convicted of a violent crime. They could also lose a professional license, and background checks will usually reveal the conviction to potential employers and landlords, which can limit employment and housing opportunities.

Common Cases Where People May Be Accused of Strangulation

Strangulation charges can occur following domestic disputes. Arguments between spouses, dating partners, or family members may involve behaviors that one party claims to be strangulation. A person who grabs someone's shoulders or pushes them away during an argument may be accused of choking if the alleged victim claims that their neck was injured.

Attempts to prevent someone from leaving during an argument can also result in strangulation accusations. When one party tries to exit during a heated dispute, and the other tries to physically block their path or stop them, this could lead to claims of strangulation if a person allegedly touched the other person's neck or throat. In cases where both parties engaged in physical confrontation, law enforcement officers may make decisions about who to arrest based on limited information and competing accounts of what happened.

Medical conditions can sometimes cause symptoms that may be mistaken for evidence of strangulation. Allergic reactions can cause swelling or redness of the neck. Bruises or marks from other causes, skin conditions, or stress-related symptoms can be misinterpreted as signs of strangulation. In some cases, people may face criminal charges based on incomplete or misunderstood medical findings.

False accusations of strangulation can occur during family law disputes involving divorce or child custody. When relationships break down, allegations of domestic violence including strangulation can be weaponized to gain an advantage in family court proceedings. A parent may accuse the other parent of strangulation to obtain a protective order that will limit the accused parent's contact with their children.

Defending Against Strangulation Allegations

Our attorney can take steps to challenge strangulation charges by disputing that contact occurred with the neck, throat, mouth, or nose. The evidence may not support the allegation that the defendant's hands or arms were positioned in a way that could have impeded breathing or blood circulation. Physical evidence, witness testimony, and a detailed analysis of the alleged victim's statements can reveal inconsistencies and show that strangulation did not occur as described or did not happen at all.

Our lawyer may challenge claims of intent. Accidental contact with someone's neck is different from intentional conduct. If the defendant's hands came into contact with the alleged victim's neck inadvertently, while defending themselves, or while attempting to prevent the alleged victim from harming the defendant or someone else, our attorney can present evidence demonstrating that contact was unintentional.

Medical evidence can be essential in strangulation cases. Our lawyer can consult with medical professionals who can evaluate the evidence and provide explanations for any findings that indicated that strangulation occurred. Marks on the neck may have been caused by scratching, allergic reactions, skin conditions, or other factors. The absence of injuries associated with strangulation may undermine the prosecution's case. Expert testimony can create reasonable doubt and result in the dismissal of charges.

Our attorney may also take steps to expose false accusations by thoroughly investigating the alleged victim's motives and credibility. He will examine the timing of accusations and look for evidence that the alleged victim has made similar false claims in the past, that they have a history of manipulative behavior, or that they initiated the physical confrontation. Inconsistencies between the initial reports to law enforcement and later statements or contradictions between the alleged victim's account and the evidence in a case can help to demonstrate that accusations are false.

Protecting Your Future

When you face strangulation charges, our lawyer can take immediate action to build a strong defense on your behalf. He can conduct detailed interviews with you and other witnesses to understand exactly what happened and gather physical evidence or documentation that may be relevant to the case. He will carefully review police reports, body camera footage, and recordings of 911 calls to identify inconsistencies and document statements made in the immediate aftermath of the incident.

He may file pretrial motions challenging the admissibility of evidence or seeking the dismissal of charges based on insufficient evidence. These motions can result in critical evidence being excluded or a case being dismissed altogether. If necessary, he may advocate for reduced charges, alternative sentencing options, or diversion programs that will allow you to avoid a felony conviction or jail time.

Throughout your case, we will maintain regular communication with you. Our lawyer will explain what to expect, discuss strategic options, and make sure you understand the potential consequences of different courses of action. He will keep you informed of the best steps you can take to resolve your case successfully.

Contact Our Miami Strangulation Defense Attorney

Felony strangulation charges can lead to severe penalties and lasting consequences. In these situations, you need strong legal representation from a lawyer who understands the complexities of these cases and who will fight to protect your rights. At Stroleny Law: Criminal Defense Attorney, we have experience in domestic violence cases and other situations involving violent crimes. Our attorney understands the tactics prosecutors use, and he knows how to counter them effectively. Contact our Miami, FL strangulation lawyer today at 305-615-1285 to schedule a free consultation.