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The state of Florida recognizes a variety of offenses related to domestic violence, each one with its own definitions and penalties. Or you can contact us online for a prompt response. Doesn't that defy just about everything you have ever heard of? Can A Felony Record And Jail Be Avoided If You Are Charged With Aggravated Assault For Domestic Choking? Additional consequences include: - No contact order: A domestic assault no contact order (DANCO), requires you to avoid direct and indirect contact with the purported victim. The New Jersey Aggravated Assault law was significantly revised in 2021 making it a second-degree crime to strangle a person in an incident of domestic violence. However, not all victims are indeed victims. You should take seriously an arrest for battery by strangulation. The boyfriend also admitted to punching his girlfriend, the Defendant, with a closed fist, causing a black eye. Nose – bloody nose, broken nose, petichiae. Meltzer & Bell, P. represents clients throughout West Palm Beach, Palm Beach Gardens, Delray Beach, Boca Raton, Boynton Beach, Wellington, Jupiter and other surrounding areas. Probation can limit a person's freedoms, such as the right to own firearms. What is a strangulation charge. 1Request exculpatory evidence from the prosecution.
Strangulation cases are almost always charged based on evidence obtained by the police after the incident has ended. Another indicator police use for charging strangulation is petechia, an injury characterized by broken blood vessels in the eyes. He has represented criminal defendants since 1994. The attorneys at the Law Offices of Jonathan F. Marshall possess exactly what you need, with: - A team of 12 criminal defense lawyers who have over 200 years of collective experience representing clients accused of aggravated assault. This Act renders an individual ineligible for parole until he/she has served 85% of the sentence imposed. It often occurs when the accused intentionally obstructs the accuser's windpipe. Under the statute, you can be charged with strangulation in the 1st degree under the following scenario: This crime is punishable by up to ten years in jail, a $10, 000 fine, and probation and is a severe offense for which you need to retain a Connecticut criminal defense Can Not Be Convicted for Strangulation; Assault and or Unlawful Restraint for the Same Incident / Crime. Aggravated assault cases brought for choking can therefore have a tendency to turn into a marathon rather than a sprint when the prosecutor is unwilling to dismiss or downgrade an offense despite being told by the victim that he/she will not be testifying at the time of trial. While felony assault by strangulation is generally classified as a Class H felony, there are situations that may cause it to be indicted for substantially more serious felony charges in North Carolina. At Flaherty and Merrifield, we offer free consultations and convenient payment plans to give all defendants a chance to get justice. This evidence can take many forms, but you will need to gather it soon after the incident. We will analyze this evidence, and anything else that comes to light, with complete scrutiny. Domestic Battery by Strangulation | Domestic Abuse Lawyer in West Palm Beach, FL. According to the statute, strangulation is defined as: Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Reasonable doubt can come out of the evidence (what someone said, what someone said they saw, what someone said they did) or FROM A LACK OF EVIDENCE (somethings that the government didn't explain, what doesn't make sense, questions unanswered, or anything).
The jury is not there to be a referee. A felony has life long consequences. If so, they may be charged with a felony. The resulting physical injury must constitute more than mere physical contact with the throat or neck.
Unless the government knocks down every brick, doubt still exists, and you go home. Strangulation is the obstruction of blood circulation or respiration by compressing or obstructing the windpipe. West Palm Beach Domestic Violence by Strangulation Defense Lawyer. The first thing the state must prove is that the breathing or blood circulation of the victim was obstructed. How does strangulation work. He was helpful the whole time and I could call him whenever I had any sort of questions. If the prosecutor withheld exculpatory evidence, then you need to bring that fact to the judge's attention. Domestic assault by strangulation is a felony. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. A person the defendant is a guardian of.
Not all defenses could apply to every situation. As a form of Domestic Violence Battery, your case will likely be assigned to a specific division that only handles domestic violence charges. Committed an act of strangulation against a family member, household member, or dating partner.