Broward domestic violence

December 28, 2023

Mitigating Factors for Broward Domestic Violence Defendants

By The Law Offices of Richard Ansara, P.A.

A Broward domestic violence conviction can have devastating consequences for a defendant: Jail time, lengthy/expensive batterer’s intervention courses, strict probation rules, no contact orders, child custody/divorce case implications, etc. But even if you were unable to avoid the conviction, a Broward domestic violence criminal defense lawyer may still have another card to play: Mitigating factors.

Also sometimes called “mitigating circumstances,” these are factors that can compel the court to impose a lower sentence – possibly even one that dips below statutory guidelines for the offense.

As your Broward criminal defense lawyer can explain, mitigating factors are not excuses. Unlike affirmative defenses, mitigating circumstances don’t assert that the actions were legally justifiable or support exoneration. Instead, the assertion is that the defendant’s actions can be partially explained/better understood in light of the mitigating circumstances. It’s not saying that the defendant acted legally, but that he/she/they should be shown some mercy in sentencing.

August 1, 2023

Will Waiver of Prosecution Matter in Broward Domestic Violence Case?

By The Law Offices of Richard Ansara, P.A.

Broward domestic violence cases often arise in the heat of the moment. Often by the next morning, both parties have cooled considerably and clearer heads prevail. It’s at this point the alleged victim may start looking into the possibility of signing a waiver of prosecution.

A waiver of prosecution, also sometimes called a declination of prosecution, is a sworn statement that informs the prosecutor, judge, and defense layer that they do not wish to prosecute or “press charges.”

The crux of this statement is basically two-fold:

The alleged victim formally states they do not want to press charges or cooperate with prosecutors.
The police report statements that were attributed to the alleged victim are either inaccurate or incomplete.

Sometimes, our Broward domestic violence defense lawyers are approached by the alleged victims of our clients to inquire about how they can go about getting the charges dismissed.

A few things we must outline for them at the start: Continue reading

June 13, 2023

Can Teens Be Arrested for Domestic Violence in Florida?

By The Law Offices of Richard Ansara, P.A.

Much of the focus on Florida domestic violence prosecution centers around cases involving adults – co-parents, estranged spouses, dating partners, etc. But as our Broward domestic violence defense lawyers can explain, teens can be involved too.

The U.S. Department of Justice reports 1 in 11 teen girls and 1 in 14 teen boys are victims of physical dating violence every year. This includes both physical dating violence and sexual dating violence. According to the U.S. Office of Justice Programs, targets of domestic violence committed by juveniles were mostly parents (51 percent). About a quarter of cases involved siblings, another 13 percent other family members.

Only about 10 percent of cases involved a boyfriend/girlfriend. But these statistics are likely skewed a bit by semantics. That’s because “domestic violence” as it’s defined in F.S. 741.28 is strictly limited to “family or household members.” So unless the teens are married, divorced, co-parents, currently living together as a family or had previously lived together, acts of violence in that relationship aren’t technically counted as “domestic violence.”

That doesn’t mean juveniles can’t face consequences for dating violence. Among the possible consequences:

A criminal charge of assault and battery or aggravated assault and battery.
Subject to a civil protection order, which is public record.
School expulsion, in accordance with F.S. 10006.148.
Removal from home and placement in foster care and/or youth group home.
Delinquency proceedings through the Juvenile Delinquency Division of the 17th Judicial Circuit (in Broward County).
Required counseling and/or anger management courses.

Although the penalties for Florida juvenile crimes of violence can be quite serious (particularly if the defendant is charged as an adult), the process will probably look a little different than a typical criminal case. Continue reading