Articles Posted in Domestic Violence

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Non-fatal strangulation involving intimate partners is seen as a bright red flag foreshadowing the risk of domestic violence homicide. In one analysis published in the Journal of Emergency Medicine, 60 percent of those who experience domestic violence are strangled during the course of that relationship. If the person loses consciousness, they risk death within one-to-two days due to strokes, aspiration, and blood clots. A person who is strangled once is 800 percent more likely to become a victim of homicide by their partner. domestic violence attorney Fort Lauderdale

For these reasons, as our Fort Lauderdale domestic violence defense lawyers can explain, Florida prosecutors and the courts are going to take an allegation of domestic violence strangulation very seriously. If convicted, you will be facing substantial penalties, including the possibility of years behind bars.

If you are accused of domestic violence strangulation in Florida, it is imperative that you immediately get in touch with a criminal defense attorney. A lawyer will work to inform you of your rights and obligations, protect you from unwittingly harming your case, and swiftly identify any violation of rights that may impact the strength of the state’s evidence against you.

What is Domestic Violence Strangulation?

Under Florida law, domestic battery by strangulation, as defined in F.S. 784.01, is a felony offense. It’s a charge that can apply when a person commits domestic battery while knowingly, intentionally, and against the will of the other person impedes the normal breathing or circulation of blood of a person, so as to create great bodily harm while applying pressure on the throat or neck or by blocking the nose or mouth. The victim in these cases is a family or household member, a romantic partner (current or previous) or someone with whom you share a child.

This offense is considered a third-degree felony. Although that is technically the lowest level of felony, it still carries potential penalties of up to five years in prison PLUS five years of probation PLUS $5,000 in fines – not to mention restrictions on firearms possession and mandatory batterers’ intervention courses (which you must pay for). If there are aggravating circumstances, such as use of a deadly weapon or a victim who is a minor, the charge could be bumped to a second-degree felony, which carries a maximum penalty of 15 years in prison. This is also true if the alleged victim suffers serious or lasting injury or death. Those with prior criminal records will likely face more significant penalties as well.

It’s important for anyone facing a Florida charge for domestic violence strangulation to understand that prosecutors are aggressive when it comes to this charge. They will be pressing the courts for extended periods of prison time and probation oversight. Even if this is the only time you’ve ever been in trouble with the law, you can expect that they are going to try to throw the book at you. And because this is a domestic violence case, it doesn’t matter if the alleged victim wants to “drop the charges.” They don’t have the authority to do so. Only the prosecutor does. This is another reason you need to have an attorney with specific experience in domestic violence cases representing you.

Failure to Seek South Florida Domestic Violence Attorney Help Can Hamper Your Case

This is a charge that will substantially impact you for the rest of your life if you’re convicted. Continue reading

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A Florida domestic violence conviction can carry many substantial, long-lasting consequences – not the least of which being restrictions on the Second Amendment right to bear arms. This is why it’s so important to work with an experienced Fort Lauderdale criminal defense lawyer from the very start of your case. Even if the evidence seems stacked against you, we may be able to deploy legal strategies that could reduce the charges or lessen the impact. Fort Lauderdale domestic violence arrest

The high stakes of these cases were recently underscored in the Congressional action to close the so-called “boyfriend loophole” in gun legislation.

Federal law prohibits anyone convicted of domestic violence in Florida or in any other state from possessing guns. However, that provision was only applicable to individuals who were married to, lived with, or had a child in common with the alleged victim. People who were merely dating (not married, living together, or raising a child together) were not subject to this federal provision.

The new bipartisan gun law changes this, closing the “boyfriend loophole.” Proponents of the measure say this was necessary, given that people spend much more time dating now than they did in the past, carrying on romantic relationships for years or even decades without officially tying the knot.

Additionally, the new federal law allows for expanded background checks on young adults purchasing firearms and gives authorities the power to access certain juvenile criminal records. Lastly, the law allows states to use federal funding to enact and enforce “red flag laws” that give authorities the right to remove guns from anyone they suspect may be a harm to themselves or others. This could potentially be someone accused of domestic violence in Florida.

As it stands, 31 states have some rule on the books barring those convicted of domestic violence from possessing guns. Of those, 19 do cover dating partners convicted of domestic violence. Florida does not have any such provision in its laws, so the new federal law will have a direct impact. Those with misdemeanor convictions who have stayed out of trouble for five years may be able to have their gun rights restored. However, there are exceptions for spouses, parents, guardians or co-habitants – all of whom may still face lifetime firearm restrictions.

Florida Domestic Violence Penalties

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Florida domestic violence criminal defense requires an attorney with extensive experience and a history of success in these cases. This is especially true considering there are increasingly serious consequences to domestic violence arrest and conviction, even outside of the criminal justice system. The professional damage, for instance, can be substantial. Fort Lauderdale domestic violence arrest

Recently, a report on the NFL’s evolving response to players’ alleged domestic violence made national headlines, though there isn’t great consistency. In one instance, a Minnesota Vikings cornerback accused of felony assault against his girlfriend hasn’t lost his job. He’s been kept on the roster after being selected in the first round of the NFL draft last year. By contrast, an undrafted offensive tackle from Seattle charged with felony assault was cut from the team the same day. This is despite the fact that he hasn’t even been convicted.

The football league’s approach to domestic violence cases has shifted since the Ray Rice elevator video involving his then-fiancée went viral in 2014. The number of second chances extended to players arrested for domestic violence has been significantly curbed. Prior to that incident, USA Today reported 85 percent of NFL players arrested or convicted in domestic violence cases got second chances from the league. Since the Rice video, that’s been reduced to about half – regardless of whether those individuals were later convicted or cleared. Continue reading

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Super Bowl Sunday, slated for February 2nd in Miami this year, has historically been tied to an uptick in Florida domestic violence arrests. Given that numerous football players themselves have been arrested in high-profile domestic violence incidents, the NFL in recent years has begun devoting valuable Super Bowl commercial air time to promote anti-domestic violence public service announcements.domestic violence arrest

Of course, the Super Bowl itself isn’t responsible for a higher-than-average number of domestic violence arrests anymore than Memorial Day is responsible for a higher-than-average number of DUI arrests. It’s true that emotions are running high for many fans during the game, but alcohol is probably the bigger culprit in many cases.

An Fort Lauderdale domestic violence arrest can come as a shock for those involved, especially if both parties got physically involved. It’s easy to accuse someone in the heat of the moment, but those statements can be difficult to walk back before real damage is done. It should be noted that the alleged victim’s preference of dropping the matter is almost entirely out of their hands by the time police arrive. Police will investigate the matter and take suspects into custody if they believe there is evidence a crime has occurred. Prosecutors are ultimately the ones who decide whether to pursue domestic violence charges. They may take into account the victim’s preference or willingness to cooperate, but that alone won’t dictate whether a case moves forward. In fact, victims can be compelled by subpoena to testify against their will. Continue reading

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When it comes to domestic violence arrests and prosecutions, the State of Florida does not discriminate or give a pass to those in same-sex relationships. F.S. 741.28 defines domestic violence as any assault, battery, sexual violence, stalking, kidnapping or false imprisonment involving a family or household member by another. The law expressly states this is to be interpreted to include spouses, former spouses, persons related by blood or marriage, people living together as if they are a family or have in the past or those who have a child together, regardless of whether they were ever married or not. Florida was one of the first states to establish precedence in case law ensuring civil protection orders would be available in LGBTQ relationships.domestic violence defense attorney blog

Fort Lauderdale domestic violence defense attorneys know this is not to say it hasn’t been something with which law enforcement here hasn’t struggled to an extent; The Department of Children and Families has had to expressly identify gay men and lesbian women as a special population with unique needs that may require tailored responses from responding authorities. But despite the U.S. Supreme Court’s 2015 ruling the 14th Amendment guaranteeing same-sex couples the right to a legally-recognized marriage in each state, some regions of the country are still grappling with how to align this with narrow criminal statutes that in some cases were written with the intention to delegitimize these relationships. When there is conflict or alleged violence in LGBTQ relationships, it can lead to confusion for all parties about their rights and where things stand.

In South Carolina, one of just three states noted by the American Bar Association’s Commission on Domestic Violence to expressly exclude same-sex couples from obtaining civil protection orders against one another, prosecutors are considering bypassing a series of magistrate rulings dismissing domestic violence charges involving gay and lesbian couples for lack of probable cause. The magistrates, all from the same county, cite state law defining a “couple” as consisting solely of one man and one woman. That state law was struck down as unconstitutional in 2017, and affirmed in a state attorney general’s opinion earlier this year, clarifying prosecutors were permitted to pursue criminal charges for domestic violence involving homosexual couples. Local media reports at least half a dozen domestic violence charge dismissals. However, prosecutors have the option to file indictments directly with state circuit.  Continue reading

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A local college football player is facing serious consequences – on and off the field – following his Broward County arrest for domestic violence. The 21-year-old running back, a junior at Florida International University, has been investigation since mid-June, when a woman he was dating filed a report with the Broward County s Sheriff’s Office, claiming he’d choked her. The case was disposed of in August.domestic violence defense lawyer Broward

In an odd twist of events, investigators opened a second investigation into the same incident that same month and issued a warrant for his arrest. Based on a report from CBS Miami, that warrant remained active, even while the student continued to attend major games in front of thousands of fans for almost the full season – 11 games – up until his arrest just before Christmas. As a result of the charges, he was not able to play in the Bahamas Bowl, the biggest game of the season.

It’s not clear exactly why it took authorities six months to serve the warrant and make an arrest, such a delay isn’t unheard of.

Digging deeper, this South Florida domestic violence arrest touches on a few issues our criminal defense lawyers feel deserve a closer look.  Continue reading

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In a single recent year, Florida law enforcement agencies received 105,700 reports of domestic violence. More than half of those, 63,200, resulted in an arrest. It’s known to be a relatively under-reported crime, but there are a fair number of cases that go to trial wherein the alleged victim refuses to cooperate or testify. It is a myth that prosecutors cannot move forward on these cases or that they cannot sometimes win them. It often depends on the independent evidence available – and the strategy employed by your Florida domestic violence defense attorney. domestic violence defense lawyer Florida

Let’s consider the case of Baker v. State, an appeal before Florida’s Second District Court of Appeal back in 2007. Defendant had been convicted of felony battery for accusations that he attacked his girlfriend, who had called 911 to report the defendant had bitten her and took her phone “and stuff.” She said she did not require medical attention. A police officer was dispatched, observing and photographing what appeared to be a small bite mark on victim’s arm.

Would this be enough to secure a conviction?  Continue reading

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City police in Hollywood are taking aim at those previously arrested for domestic violence, vowing beefed up penalties and scrutiny – up to and including unannounced, uninvited police checks on individual residences. police

The Miami Herald reports the letter, an effort initiated by the city police department’s Domestic Violence Unit, is a way of stopping domestic violence acts that may occur in the future at the hands of designated “C list” violators. The city says it is simply targeting repeat domestic violence offenders with the intent to halt the cycle of repeat abuse. They call this approach “focused deterrence.”

There are many, though, who have been highly critical of this approach – including the Broward Public Defender’s Office, which called the tactic an abuse of power. Essentially, they say, the police are punishing and/ or harassing people for an offense that hasn’t yet occurred and may not ever occur.  Continue reading

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The intoxication defense is not one that is often used in criminal cases because it is rather difficult to successfully assert. The crux of it, though, is that a defendant, due to intoxication, did not understand the nature of his or her actions or know what he or she was doing, and therefore had limited culpability. pills

The defense typically only applies in very limited circumstances, and often depends on whether intoxication was voluntary or not and the level of intent required by statute for the particular charge at issue.

Recently in Broward County, a defense lawyer on a domestic violence case revealed his intent to assert the intoxication defense on behalf of a U.S. Air Force veteran who served overseas and was suffering severe post-traumatic stress disorder, back pain and depression at the time of the alleged incident.  Continue reading

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A senior at Florida International University who played on the football team’s tight end was reportedly the victim of a domestic violence attack that has ended his career. waterboil

The Miami Herald reports the Panthers’ 2017 NFL Draft prospect suffered severe burns on his head, neck, back, arm and shoulder after his girlfriend reportedly dumped boiling water on top of him. The woman, Mary Gaspar, 20, is reportedly five months pregnant with Jonnu Smith’s child, and has been charge with a single count of aggravated battery. Gaspar is also a student at the school, a junior who lives on campus.

The couple were reportedly arguing in Smith’s dorm when defendant is alleged to have boiled the water and walked over and poured it on top of Smith. She reported she was livid over Smith’s failure to attend to their relationship and was feeling extremely stressed out and emotional. When Smith reportedly did not act strongly enough to the boiled water on his skin, Gaspar allegedly started to strike him with her fists. Continue reading

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