Florida criminal charge
Battery by strangulation in Florida
Battery by strangulation is a Felony of the Third Degree under Florida criminal law, defined by Fla. Stat. § 784.031. As a Felony of the Third Degree, it is punishable within the statutory sentencing range Florida sets for that offense class. Florida sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by Fla. Stat. § 784.031.
What is the penalty for battery by strangulation in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (no statutory minimum) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
Common questions about battery by strangulation in Florida
Is battery by strangulation a felony or a misdemeanor in Florida?
Battery by strangulation is a Felony of the Third Degree in Florida under Fla. Stat. § 784.031.
What are the penalties for battery by strangulation in Florida?
As a Felony of the Third Degree, battery by strangulation carries up to 5 years (statutory maximum; the Criminal Punishment Code scoresheet (s. 921.0024) sets the lowest permissible sentence) of incarceration and a fine of up to $5,000 (statutory ceiling under s. 775.083; the alternatives in s. 775.083(1)(f)-(g) may exceed it) under Fla. Stat. § 775.082 (current (2025 Florida Statutes)).
Which Florida statute covers battery by strangulation?
Battery by strangulation is governed by Fla. Stat. § 784.031 (Battery by strangulation).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.