Battery by strangulation occurs when somebody chokes or strangles another person with their own hands. If a weapon is used or if serious injury is cause, the charge may be increased to aggravated battery.
Battery by strangulation is a difficult crime for the State to prove. That is because it usually relies on the testimony of one witness (the alleged victim). Rarely do strangulation cases have more than one witness.
Also, the degree of physical evidence may be limited. If there are no handprints or marks on the alleged victim's neck, then the charge may be tough for the State to prove.
Since this crime is a domestic violence crime, however, there will almost always be specialized prosecutors investigating these cases.
These specialized prosecutors will look to prove the case with other means (aside from physical evidence). They may use the 911 tape, photos (if there are visible marks or injuries), Fire Rescue reports (if the alleged victim received treatment), and of course, the testimony of the alleged victim.
If the alleged victim is not on board with the prosecution, the State can still proceed provided they have enough to prove the case without the alleged victim's testimony. Don't ever assume that charges will not be filed just because the alleged victim is not cooperating with police and prosecutors.
Felony battery can carry serious consequences, including prison time. But what may be equally bad is the fact that by pleading guilty or no contest to a domestic crime, you cannot get the charge sealed. You will be forever stuck with a criminal record accusing you of domestic violence.
In essence, it is vital that you get these charges dismissed.
A good criminal defense attorney cannot guarantee or promise results, but he or she can work intelligently in order to get the most favorable outcome. In some instances, persistence and skill may lead to the dismissal of a charge.
My practice area is Miami-Dade and Broward. I represent many clients charged with domestic violence crimes, including battery by strangulation.
If you require the services of a criminal defense attorney for a domestic charge, call me to discuss your matter confidentially.