8.5(b) 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(b)
- Statute
- § 784.031, 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 Battery by Strangulation, the State must prove the following two 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)].
Lesser-included offenses
As the instruction lists them, word for word.
BATTERY BY STRANGULATION – 784.031
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Battery | 784.03 | 8.3 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Assault and Battery 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.