St. Petersburg Strangulation Lawyer

When facing any type of criminal charge, your life could potentially change, particularly when it concerns a serious felony crime, such as strangulation. You could face time behind bars, hefty fines, and do immense damage to your personal and professional relationships. However, you should not lose hope.

The best thing you can do to protect your rights and future is to meet with a St. Petersburg strangulation lawyer as soon as possible after learning of the criminal allegations. Our skilled assault attorneys could fight for you and help you through this challenging time.

Understanding the Crime of Strangulation

Although many people are not aware, in domestic situations, state law treats strangulation as a distinct crime, separate from other assaults and batteries.

As outlined in Florida Statutes § 784.041, to convict someone of domestic battery by strangulation, the prosecution must prove the following elements:

• The defendant acted intentionally and against the alleged victim’s will
• The defendant applied pressure on the alleged victim’s throat or blocked their nose or mouth, which impaired their breathing or blood circulation
• The defendant and alleged victim were household members, family members, or in a current or prior dating relationship (ex. spouses, ex-spouses, siblings, parents, grandparents, in-laws, stepparents, stepsiblings, and others related by either blood, marriage, or dating)

Well-versed attorneys in St. Petersburg could explain each element of the statute so that a defendant has a clear understanding of the strangulation charges.

Possible Penalties After a Strangulation Conviction

As with all domestic assaults, state law treats domestic battery by strangulation offenses harshly as a third-degree felony. If convicted, a defendant could face up to five years in prison, a $5,000 fine, and another five years on probation. In addition to prison time and fines, a convicted felon could face other punishments, such as being denied the right to own or carry a gun. With a criminal record, a defendant might be unable to obtain a new job or a housing loan.

Because there are no mandatory sentences for third-degree felonies, the court has discretion. Working with a lawyer in St. Petersburg with solid negotiating skills could help reduce the strangulation penalties.

Possible Defense Strategies to Strangulation

The facts of every criminal case vary widely, which is why it is critical to work with an experienced legal team who could carefully analyze the evidence and craft the best possible strategy.

Lack of Evidence and Reasonable Doubt

A St. Petersburg legal team could attack the prosecution’s evidence by poking holes and looking for reasonable doubt that a strangulation occurred. They could argue that the prosecution did not fully prove each element and that there is a lack of evidence. For instance, the attorneys could argue there was no harm and that the act was not against the alleged victim’s will because it occurred during a consensual sexual act. They could also search for proof that the alleged victim lied to gain an advantage in a divorce or custody dispute.

Self-Defense

The legal team could argue self-defense or claim the defendant acted in defense of someone else, such as their child.

Connect With St. Petersburg Attorneys About Strangulation Charges

Strangulation is a serious crime with life-altering penalties, but our legal team knows how to help. You can put your trust in a law firm that has a lot of litigation experience and is not afraid to take cases to trial when necessary.

Call today to schedule a consultation with a dedicated St. Petersburg strangulation lawyer who could be proactive and help you fight aggressively to defend your freedom. This law firm is proud to take on cases that other firms might shy away from.