How to Beat a Strangulation Charge: Strategies and Tips for Success
One of the most serious allegations that an individual may face is domestic violence by strangulation. This crime happens when a person intentionally restricts the airflow or circulation of blood by compressing the victim’s throat or neck. If you have been accused of this crime, it is critical to understand how to beat a strangulation charge and avoid the severe consequences that come with a conviction. In this article, we will discuss various strategies and tips to help you defend yourself against strangulation charges.
Knowing Your Legal Rights and Hiring an Experienced Criminal Defense Attorney
When faced with a criminal charge, it is crucial to understand your legal rights and have a professional advocate for your interests. With a strangulation accusation, you must know:
- What you’re being charged with
- The potential consequences of the charges
- What your legal rights are
- What you need to do to be released from jail
Preparing for Your Court Appearance
The key to beating a strangulation charge is to prepare adequately. Here’s what you can do:
- Discuss your options with a criminal defense attorney
- If you’re in jail, speak with someone who can listen to you
- Gather any evidence that can help defend you
- Stay away from anything that might be considered violent or harmful to yourself or others
Building a Strong Defense Strategy
The defense strategy for a strangulation charge depends on the circumstances surrounding your case. The following strategies can help you prove your innocence:
- Establishing consent
- Poking holes in the prosecution’s case
- Explaining inconsistencies in the evidence
- Inconsistent witness statements.
Negotiating a Plea Deal
If charges cannot be dismissed altogether, one option is to negotiate a plea deal. A criminal defense attorney can help you explore this possibility and determine whether it is in your best interests.
Going to Trial and Presenting Your Case
If you decide to go to trial, it is essential to present your case effectively. Here are the steps to take:
- Engage a criminal defense attorney
- Review the prosecution’s evidence
- Consider the credibility of witnesses
- Build a strong defense strategy
- Present compelling evidence to the judge and jury
Understanding the Potential Consequences of a Conviction
If you are convicted of domestic violence by strangulation, you could face life-changing consequences. These include:
- Up to five years in prison
- Mandatory completion of a batterer’s intervention program lasting 29 weeks
- A fine of up to $5,000
- Inability to possess a firearm or ammunition
- Permanent loss of any concealed weapons permits
Post-trial Options and Resources for Support
Even if you are convicted, your situation is not hopeless. You can consider appealing the verdict or petitioning for post-conviction relief. Additionally, if you have been subject to domestic violence, there are resources available to help you move forward.
Conclusion
Being accused of domestic violence by strangulation can be a scary and overwhelming experience. However, with the right attorney and defense strategy, you can fight for your rights and beat the charges. Remember that preparing for your court appearance, knowing your legal rights, and building a strong defense strategy are all essential steps in protecting yourself against the serious consequences of a strangulation accusation.
FAQs
1) Is strangulation treated differently from other domestic violence crimes?
Yes, strangulation is treated differently from other domestic violence crimes. As a severity level six person felony, the accused is liable for confinement of 5-23 months depending on the court’s decision and the defendant’s criminal history.
2) If the accuser takes back the strangulation accusations, will the case be dismissed?
It is up to the prosecution as to whether the case will be dismissed if the accuser withdraws the allegations. The prosecution can proceed with the case even if the accuser does not want them to, and they feel like there is sufficient evidence to sustain a conviction.
3) Can I face charges of strangulation if I didn’t cause any physical injuries to the accuser?
Yes, the fact that a person didn’t suffer physical injuries doesn’t mean they weren’t strangled. Florida law defines strangulation as ‘intentionally and knowingly impeding the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim fully or partially.’
4) Can a conviction of strangulation lead to the loss of a job?
Yes, a conviction for domestic violence by strangulation can have far-reaching consequences, including the loss of a job or difficulty obtaining new job opportunities due to the presence of a criminal record.
5) Must I remain incarcerated while awaiting trial for a strangulation charge?
It mostly depends on the circumstances surrounding your case. However, most courts would release you on bond or condition if you’re not a danger to society and a flight risk. Factors such as the severity of the alleged offense and the defendant’s criminal record can also influence the judge’s decision.
