BATTERY BY STRANGULATION (F.S. 784.031(1));
BATTERY — TOUCH OR STRIKE (F.S. 784.03(1)(a)1)
DIVERSION
Escambia County, FL
May 8, 2025
Client was charged in Escambia County, Florida with BATTERY BY STRANGULATION (F.S. § 784.031(1)) — a felony offense that can carry up to 5 years in prison and substantial fines — and a companion BATTERY — TOUCH OR STRIKE (F.S. § 784.03(1)(a)1) misdemeanor (up to 1 year in county jail). The alleged incident arose from a volatile personal interaction: what began as a friendship that developed into a romantic connection, then deteriorated when the victim (who the report records as married) was drinking and became confrontational after speaking with someone else. According to the victim’s statement and the arrest report, the disagreement escalated, the victim raised her voice, and the client assaulted her.
We handled this the way serious violence cases must be handled — with both accountability and context. From the outset we developed a full factual record, obtained and reviewed body-worn video and witness statements, and built a careful mitigation narrative showing the relationship history, the victim’s admitted intoxication, and the provoked, chaotic circumstances that led to the incident. We also tested the State’s identification and injury proof, and preserved impeachment material for inconsistent or incomplete witness accounts. Rather than accept a headline-making plea that would have left the client with the most damaging possible record, we used that factual and procedural work to force a realistic outcome discussion.The result: the case was resolved through PRETRIAL INTERVENTION (PTI) — a structured, non-conviction pathway allowing the client to complete requirements and avoid a criminal conviction upon successful completion. Practically, that outcome spared the client the immediate threat of felony incarceration, avoided a permanent criminal record, and reduced collateral consequences (employment, housing, and other long-term effects).Why this mattered: by combining rigorous fact development, targeted impeachment, and persuasive mitigation about the relationship dynamics and the victim’s intoxication, we put the State in a position where a non-conviction resolution was the right — and just — result. The client avoided the life-altering consequences that a felony strangulation conviction would have created while accepting accountability through a supervised diversion program.
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