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Statute:
784.041 Felony battery; domestic battery by strangulation.
Incarceration, house arrest,
extensive community service, probation and/or expensive court
costs can result from an arrest for felony battery; domestic
battery by strangulation. Former Broward County Prosecutor Leah
H. Mayersohn knows the law. Having served successfully on both
sides—prosecution and defense—she is in the most advantageous
position to advise you and protect your rights. Her
professionalism and trial experience have earned her multiple
awards, including Best of the US, Top Lawyer, and Martindale
Hubbell’s AV rating.
Call
Leah H. Mayersohn NOW.
This is a serious offense with
potentially serious consequences.
(1) A person commits felony battery if he or she:
(a) Actually and intentionally touches or strikes another person
against the will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent
disfigurement.
(2)(a) A person commits domestic battery by strangulation if the
person knowingly and intentionally, against the will of another,
impedes the normal breathing or circulation of the blood of a
family or household member or of a person with whom he or she is
in a dating relationship, so as to create a risk of or cause
great bodily harm by applying pressure on the throat or neck of
the other person or by blocking the nose or mouth of the other
person. This paragraph does not apply to any act of medical
diagnosis, treatment, or prescription which is authorized under
the laws of this state.
(b) As used in this subsection, the term:
1. "Family or household member" has the same meaning as in s.
741.28.
2. "Dating relationship" means a continuing and significant
relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by
strangulation commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 97-183; s. 1,
ch. 2007-133.
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