Felony Battery; Domestic Battery by Strangulation

Section 784.041 of the Florida Statutes defines felony battery and domestic battery by strangulation.

This type of felony battery occurs when a person actually and intentionally touches another person against their will and causes them great bodily harm, permanent disability, or permanent disfigurement. Felony battery in this instance is a third degree felony punishable with up to 5 years of imprisonment and a $5,000.00 fine.

This is the type of battery in which you are responsible for extensive injuries you may have caused to an individual by striking them against their will, even when those injuries would not have normally resulted from the type of contact made with the victim. I have represented a defendant who punched a classmate in a fight and the classmate suffered a stroke as a result. Although this is not the type of injury that would naturally occur in a fight, the defendant was charged with felony battery. This charge does not require you to intend to cause the harm, only that you intended to make the contact.

Domestic battery by strangulation, on the other hand, is fairly self-explanatory. This includes a battery against a family or household member or someone with whom you are in a dating relationship. This type of battery is also a third degree felony punishable as previously covered in this section.

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