my husband has been charged with domestic violence misdemeanor and domestic violence with strangulation felony. He covered my nose and mouth to make me quiet during our fight. He was in no way trying to suffocate me. I was able to talk / shout (muffled) as he did this and breathe small breaths. It was more difficult to breathe but he didnt stop my breathing completely. As soon as I stopped talking/shouting, he removed his hands.
With regards to his misdemeanor charge i'm happy to agree with the charges. However with the felony charge, I do not agree with as it wasn't the case.
I do not want my husband to go to prison as this was just a fight that go out of control. This is also his first ever charge
Criminal Defense Attorney
As a victim, you have the right to provide your input to the prosecutors. You do not necessarily get to decide for charges to be dropped. Unlike on TV, a person doesn't have the ability to drop charges. Crimes are prosecuted by the State of Florida and therefore only the State can decide to drop the charges. So you can speak to the State Attorney's Office or provide a Declination of Prosecution, but there's no guarantee that the charges be dropped. A lot depends on what the basis for declination is.
The minimum sentence would depend upon whether he has a prior criminal history. If there is no prior criminal history whatsoever then there would be no minimum jail or prison sentence, although jail or prison would be possible.
The best thing you can do for your husband is to hire him a good defense attorney.
This is not to be considered legal advice nor does an attorney-client relationship exist.
Family Law Attorney
The facts in your case almost perfectly match Florida's domestic violence by strangulation statute. Though I agree with what the other lawyer posted, I seriously doubt the State Attorney's Office in Tampa will drop or even reduce the charges.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Mr. Trabin is correct that you can file a declination of prosecution which will "help" the chances of the charges being dropped but it is most certainly not guaranteed. That will be up to the state attorney's office.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
You can preare an affidaivt that you do not wish to prosecute then that has to go before the judge.
Family Law Attorney
I agree with all the other attorneys. I have to say however, as someone who has worked with battered women, your description of what occurred chilled me. I encourage you to avail yourself of any resources available for battered women in the community. You do not have to live with someone in a situation where you have to stop talking in order to be allowed to breathe. If this was the first thing he did, I fear greatly for what may be the next.
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