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  1. #1

    Default Domestic Battery by Strangulation

    Ok, so this month I got slapped with a Domestic Battery with Strangulation charge in Florida. Apparently, this charge is a felony.

    Summary of incident:

    In the process of dropping off my daughter to my wife I asked her for a divorce. Now, to put this situation in perspective:

    We have been separated for over a year and now have a girlfriend who I have been in a serious relationship with. Since the beginning, my wife has shown immense signs of jealousy to myself, my new girlfriend, and my family.

    When the altercation occurred, I was dropping off my daughter. I asked my wife for a divorce in which she refused to pay any bit of it. Fine. However, after dropping my daughter off and taking a shower to get to work, a officer from the Sheriff's office came to make the arrest on me.

    1) She claims I strangled her and apparently has marks on her which the officer took pictures of.

    2) She claims in the report that there is a "history" of domestic violence (I haven't even been with her in over a year).

    3) The next day during my appearance to the judge she claimed she already wanted to drop the charges (In State of FL, it is apparent the victim cannot drop charges only the state)

    4) During the hearing, my mother was next to her and no marks were on her around her neck. She apparently wore a halter top to the appearance.

    I want to know what are the possibilities of this actually being dropped. I have never been arrested before and this is my first offense; also, she claims that there was a history of violence and apparently lied on the report as to what her address is.

    This false accusation can have severe implications for me. I am a dental student and a conviction of this can kiss my entire future goodbye along with having a hard time getting employment in even the most mundane of places. Also, she has stated that she will not cooperate with the prosecution such as refusing to go to court to testify.

  2. #2
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default Re: Domestic Battery by Strangulation

    It completely depends how the D.A.'S office in your county handles domestic violence cases.

    Many have a "no-drop" policy and go forward no matter what. Domestic violence is a very political issue and if prosecutors drop cases they are criticized as weak.

    Domestic violence cases are notoriously weak, traditionally. There's regularly some issue or defense and victims recanting are common.

    Don't assume that because you are innocent you are not in big trouble.

    When you say she says there is a "history", does that mean previous charges or the police being called out? Is it only her claims?

  3. #3
    Join Date
    Aug 2009
    Location
    Central Florida
    Posts
    37

    Default Re: Domestic Battery by Strangulation

    You are right, domestic battery by strangulation is now a felony in Florida. If she will not cooperate with the state in prosecution and there were no witnesses then there is a chance of it getting dropped, but it will be up to the prosecutor whether they are dropped or not. If there are witnesses then they may proceed without her. I have not read the report and I am not the prosecutor so I can not tell you what will happen.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,257

    Default Re: Domestic Battery by Strangulation

    I would get a lawyer redgardless,you want to make sure it's defintely droped,if you can prove that she was lying maybe there a chance you could also get the arrest expunged if the case is dismissed. Even the arrest can have a bad effect on you.

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