8.5(a) DOMESTIC BATTERY BY STRANGULATION
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 8.5(a)
- Statute
- § 784.041(2)(a), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Domestic Battery by Strangulation, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) knowingly and intentionally impeded the normal [breathing] [or] [circulation of the blood] of (victim), against [his] [her] will, [by applying pressure on the throat or neck of (victim)] [or] [by blocking the nose or mouth of (victim)].
2. In so doing, (Defendant) [created a risk of great bodily harm] [or] [caused great bodily harm] to (victim).
3. (Defendant) was [a family or household member of (victim)] [or] [in a dating relationship with (victim)].
Lesser-included offenses
As the instruction lists them, word for word.
DOMESTIC BATTERY BY STRANGULATION – 784.041(2)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery by Strangulation | 784.031 | 8.5(b) | |
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Assault and Battery Defense in Miami · Domestic Violence Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.