Is there jail time on a Domestic Battery by Strangulation Charge in Hillsborough County?
Unlike basic Domestic Violence Battery, Domestic Battery by Strangulation, Fl. Stat. 794.041 (2017) is a Felony of the third degree in Florida, punishable by up to 5 years in prison, 5 years of probation, and/or a $5,000 fine.
What’s the definition of Domestic Battery By Strangulation?
Even without any prior allegations, you will be facing a felony arrest if an allegation is made that the Defendant knowingly impeded the air flow of a victim by applying pressure on the throat or neck – or by blocking the nose or mouth – in a manner that creates a risk of or actually results in great bodily harm.
What ends up actually happening in most cases is the victim makes an allegation that the defendant briefly grabbed him/her by the throat during an altercation. Although the allegation may be enough to arrest a Defendant, often times that arrest may be argued down to a misdemeanor simple battery if your attorney intervenes early on in your defense at the intake stage.
What are the penalties for Felony Domestic Battery by Strangulation?
In addition to the general felony and misdemeanor consequences, a conviction for Domestic Battery by Strangulation is ineligible to be sealed or expunged, results in the revocation of your concealed weapons permit, and is treated as deportable offense for immigration purposes if you aren’t a US Citizen. You are facing jail time for even a first offense if the nature of the battery justifies it.
No Bond and No Contact in Domestic Violence Cases:
The criminal justice process is hard on these kinds of offenses. Like Battery Domestic Violence, in Hillsborough County and other areas around Tampa Bay, any arrest for Domestic Violence will be a no-bond arrest until the Defendant sees a Judge at First Appearance Court the following morning. Additionally, the Defendant will be issued a strict “No-Contact” order and will be prohibited from returning the location of the offense (usually their own home).
Hire an Attorney Immediately:
The First Appearance Judge Monday through Friday is usually Judge Margaret Taylor and her court room is #17 in Hillsborough County Court, 800 E. Twiggs St. Tampa, FL 33602. You must be there at 8:30 AM the morning after the arrest if the arrest is before or very close to midnight. If the arrest is much later (ie early in the morning) then the first appearance will be the following morning and the defendant will have to spend the next day and night in jail. The Defendant will appear via video-conference from the Orient Road Jail.
If someone you know has been arrested, it is important that they have an attorney by their side the very next morning to argue that the Defendant should be entitled to a bond, or a release on his own recognizance (“ROR”). If you are the victim in a case and this is a misunderstanding or argument that went too far, and you actually want contact with the alleged Defendant, you would need to appear at the court house, court room #17 along with your loved one’s attorney, to present testimony in support of your request for bond and your request to modify the no-contact agreement.
Emergency Consultations and Appearances:
If you have any questions about a pending case or would like to hire us to appear and it’s an emergency, call us 24 hours for a free consultation at (813) 800-1111.