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 ONECATEGORY TWOFLA. STAT.INS. NO.
Battery by Strangulation784.0318.5(b)
Battery784.038.3
Attempt777.04(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.

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