Fort Lauderdale Criminal Attorney Blog
If you’re involved in a domestic dispute in Southeast Florida, you’ll need to understand that a number of the questions police ask at the scene are part of a risk assessment that is mandated by law. The answers could determine whether you spend the night in jail, are granted bond, and how aggressively prosecutors pursue your case. Florida Senate Bill 1224, known as the Gabby Petito Act, went into effect last year. It requires law enforcement officers conduct a standardized lethality assessments at every domestic violence scene. While these protocols are designed with victim safety in mind, they create a minefield for anyone accused of domestic violence, and most people don’t realize their answers are being scored until it’s too late. 
Fort Lauderdale criminal defense lawyers serving Broward County and surrounding areas have seen firsthand how these assessments to build stronger prosecution cases and justify harsher bond conditions. Understanding what’s at stake and when to exercise your constitutional right to remain silent could be the difference between walking away from charges and facing years of legal consequences.
What Is the Lethality Assessment Program?
The Lethality Assessment Program (LAP) is a standardized screening tool that law enforcement officers use to evaluate the risk of future violence or homicide in domestic violence situations. Originally developed by the Maryland Network Against Domestic Violence, LAP has been adopted by 33 states, including Florida, where it became mandatory statewide following its passage in 2024.
Named after Gabby Petito, the 22-year-old woman whose 2021 death brought national attention to domestic violence warning signs, the Gabby Petito Act requires all Florida law enforcement agencies to implement LAP or a similar evidence-based lethality assessment tool. The law changed how domestic violence calls are handled across the state.
The assessment consists of about a dozen standardized questions that officers ask the alleged victim at the scene. These questions are designed to identify risk factors associated with domestic violence homicide, including strangulation, threats with weapons, escalating violence, stalking behavior, and access to firearms. Based on the alleged victim’s responses, officers assign a risk score that categorizes the situation as high danger or lower risk.
While the stated purpose is victim protection, connecting high-risk victims with domestic violence advocates and resources. However, the practical effect extends far beyond support services. These assessments are documented in police reports, shared with prosecutors, and frequently referenced at bond hearings and pretrial proceedings.
Florida Lethality Assessment Questions
Understanding what police are actually assessing during these encounters is crucial. While the exact wording may vary slightly between jurisdictions, the Maryland LAP, which serves as the model for Florida’s implementation, includes questions such as:
- Has the violence increased in severity or frequency over the past year?
- Has the alleged abuser ever used a weapon against you or threatened you with a weapon?
- Do you believe the alleged abuser is capable of killing you?
- Has the alleged abuser ever tried to choke or strangle you?
- Is the alleged abuser violently or constantly jealous, or does he/she control most of your daily activities?
- Have you left or separated from the alleged abuser after living together?
- Is the alleged abuser unemployed?
- Has the alleged abuser ever tried to kill himself/herself?
- Does the abuser have a gun or can he/she get one easily?
- Has the abuser ever threatened or tried to kill your children?
- Do you have a child with someone other than the alleged abuser?
These aren’t casual questions. Each one corresponds to validated risk factors for intimate partner homicide identified through extensive research. A yes answer to even a few of these questions can elevate the case to “high danger,” triggering immediate intervention, mandatory advocacy referrals, and, critically, documentation that will follow the accused throughout the criminal justice process.
How Lethality Scores Impact Your Case
While proponents of LAP emphasize its role in victim safety, defense attorneys across Florida have observed how these assessments are increasingly weaponized in the prosecution of domestic violence cases. Here’s how a high lethality score can impact you:
Bond Hearings
Perhaps the most immediate impact is at your bond hearing. Under Florida law, judges must consider the danger to the community when setting bond in domestic violence cases. A high lethality assessment score provides prosecutors with ready ammunition to argue for no bond or prohibitively high bond amounts. Judges, understandably concerned about victim safety and their own liability if they release someone who later commits violence, often err on the side of caution when presented with a high-risk LAP score.
Even if bond is granted, a high lethality score typically results in more restrictive conditions: GPS monitoring, substance abuse testing, mandatory batterer’s intervention programs, and strict no-contact orders that may prevent you from returning to your home or seeing your children.
Prosecution Strategy
State attorneys use lethality scores to prioritize cases and determine charging decisions. A high-danger assessment may lead prosecutors to file enhanced charges, seek special conditions of probation, or refuse plea offers that would be standard in lower-risk cases. The score becomes part of the narrative that you’re a dangerous person, making it harder to negotiate favorable outcomes.
Evidence at Trial
While the admissibility of LAP scores at trial remains a developing area of law, defense attorneys must be prepared to challenge their use. Prosecutors may attempt to introduce the victim’s responses to LAP questions as evidence of prior bad acts, escalating violence, or the defendant’s character. Even if the score itself isn’t admitted, the individual answers to questions about strangulation, weapon use, or threats often come in through the victim’s testimony or the responding officer’s observations.
Collateral Consequences
Beyond the criminal case itself, a high lethality assessment can trigger immigration consequences for non-citizens, affect family law proceedings including custody disputes, impact professional licensing, and create a documented record that follows you even if charges are eventually dropped or reduced. This information may be shared with child protective services, family court, and other agencies.
The Double-Edged Sword: Victim Statements and Your Rights
Here’s where LAP creates a unique trap for the accused: the assessment is conducted primarily with the alleged victim, not with you. You may not even be aware that this scored evaluation is happening while officers are separating you from your partner and gathering statements. However, the documented results will be used against you at every stage of the proceedings.
Many people accused of domestic violence make their situation worse by trying to explain, minimize, or provide context during the initial police response. They don’t realize that even seemingly innocent statements can be interpreted through the LAP framework to support a high-danger designation. For example:
- Admitting you own firearms (even legally) can elevate the risk score.
- Discussing relationship problems or recent separation provides affirmative answers to LAP risk factors.
- Acknowledging past arguments or conflicts can be characterized as escalating violence.
- Emotional statements about your feelings or the relationship can be twisted into evidence of obsessive behavior or jealousy.
While officers are required to read you your Miranda rights before custodial interrogation, they often conduct LAP assessments and gather information before making an arrest, meaning they may not have advised you of your right to remain silent. Anything you say during this pre-arrest phase can still be used against you.
LAP Beyond Florida: A National Trend
Florida isn’t alone in implementing these protocols. As of 2024, 33 states have adopted some form of lethality assessment program, with variations in implementation. States including Maryland (where LAP originated), Connecticut, Oklahoma, Virginia, and North Carolina have been using these tools for years, creating a growing body of case law and precedent about how these assessments affect criminal proceedings.
The national proliferation of LAP means that these assessments are becoming standardized across jurisdictions. If are arrested for domestic violence in Broward County, you can expect prosecutors to have access to data, training materials, and prosecution strategies refined across dozens of states. Your Fort Lauderdale criminal defense lawyer must be equally sophisticated in understanding how to challenge these assessments and mitigate their impact.
The multi-state adoption of LAP also creates interstate implications. If you have prior domestic violence incidents in other states that utilized lethality assessments, those scores and findings may follow you to Florida, potentially influencing how your current case is evaluated even before prosecutors review the specific facts.
Common Misconceptions About Lethality Assessments
Several dangerous myths persist about how LAP works and what it means for those accused of domestic violence:
- Myth: The assessment is confidential and only used for victim services.
- Reality: LAP results are documented in police reports, shared with prosecutors, and can influence every stage of your case.
- Myth: If I cooperate and explain what really happened, the score won’t be as bad.
- Reality: Your statements can and will be used to support a higher risk score. Cooperation without legal counsel often makes matters worse.
- Myth: The assessment is objective and scientifically reliable.
- Reality: LAP relies heavily on the alleged victim’s subjective perceptions and responses given in a highly emotional, traumatic moment. Answers may be influenced by fear, anger, misunderstanding, or desire for a particular outcome.
- Myth: A low lethality score means the charges won’t be serious.
- Reality: Even low-risk assessments don’t prevent prosecution or conviction. They may, however, provide more room for negotiation and favorable plea offers.
- Myth: I can challenge the score later, so it doesn’t matter what’s said at the scene.
- Reality: While scores can be challenged, the initial assessment creates a narrative that shapes the entire case. Overcoming a high-danger designation requires significant legal resources and isn’t always successful.
What To Do If You’re Facing Domestic Violence Charges Under the Gabby Petito Act
If you’ve been arrested for domestic violence in Fort Lauderdale or anywhere in Florida, understanding the role of lethality assessments in your case is crucial. Here’s what you should do:
1. Exercise Your Right to Remain Silent
From the moment police arrive, anything you say can be used to support a higher lethality score and strengthen the prosecution’s. Politely decline to answer questions without an attorney present. Don’t try to explain, defend yourself, or tell your side to the police; save that for your lawyer.
2. Obtain the Complete Police Report
Your attorney needs to review the LAP assessment documentation as soon as possible. The police report should contain the victim’s responses to the lethality questions, the assigned risk level, and any actions taken by officers based on that assessment. This information is critical for developing your defense strategy.
3. Hire an Experienced Fort Lauderdale Domestic Violence Defense Attorney
LAP has fundamentally changed domestic violence prosecution in Florida. You need a defense attorney who understands how these assessments work, how to challenge their reliability, and how to mitigate their impact on bond, charging decisions, and trial. Generic criminal defense experience isn’t enough; you need someone who has handled cases under the Gabby Petito Act and knows the specific challenges these assessments create.
4. Understand the Timeline
In Florida, domestic violence cases move quickly. Your bond hearing may occur within 24 hours of arrest, and the LAP score will likely be mentioned. Early intervention by a skilled attorney can make the difference between remaining in custody and being released with manageable conditions while your case proceeds.
5. Prepare for the Long Game
Domestic violence cases in Florida are rarely quick. Prosecutors take these charges seriously, especially in high lethality assessment cases. Be prepared for a process that may involve multiple court appearances, compliance with bond conditions, and potentially a trial. Having experienced legal counsel from the beginning helps ensure you understand what to expect and avoid making mistakes that could hurt your case.
How a Fort Lauderdale Criminal Defense Lawyer Can Help
At The Ansara Law Firm, we recognize that domestic violence allegations are deeply personal and often arise from complex relationship dynamics that law enforcement and lethality assessments fail to capture. Our approach to defending clients facing charges under the Gabby Petito Act includes:
Challenging the LAP Assessment
We scrutinize every aspect of how the lethality assessment was conducted. Were the questions asked properly? Was the victim’s emotional state such that her answers might not be reliable? Did officers have proper training? Were answers recorded accurately? We look for procedural errors, inconsistencies, and factors that might have skewed the assessment.
Mitigating Impact at Bond Hearings
When prosecutors use high lethality scores to argue against bond, we present comprehensive counter-evidence: your ties to the community, employment history, lack of prior criminal record, evidence contradicting the assessment’s conclusions, and proposals for strict supervision that protect all parties while allowing you to maintain your livelihood and family connections.
Building a Complete Defense
LAP scores don’t determine guilt or innocence. We investigate the actual facts of your case: witness statements, physical evidence, prior history between the parties, possible motives for false accusations, and alternative explanations for what occurred. Many domestic violence allegations arise from misunderstandings, mutual combat situations, or deliberate fabrications, and we work to uncover the truth.
Negotiating Favorable Outcomes
Not every case goes to trial, nor should it. When appropriate, we negotiate with prosecutors to reduce charges, seek diversion programs, or secure dismissals. Our knowledge of how Broward County prosecutors evaluate LAP cases helps us identify opportunities for resolution that protect your record and future.
Protecting Your Rights Throughout the Process
From your first interaction with police through final resolution of your case, we ensure your constitutional rights are protected. This includes challenging unlawful searches, improper interrogations, violations of no-contact orders by the alleged victim, and any other procedural violations that might affect your case.
Don’t Let a Lethality Score Define Your Future
Florida’s implementation of mandatory lethality assessments under the Gabby Petito Act represents a significant shift in how domestic violence cases are handled. While the law’s intent is protecting victims from potentially lethal violence is laudable, its practical application creates serious challenges for those accused of domestic violence. A high-risk LAP score can follow you through every stage of the criminal justice system, influencing bond decisions, charging strategies, plea negotiations, and even trial outcomes.
If you’re facing domestic violence charges in Fort Lauderdale, Broward County, or anywhere in South Florida, time is critical. The earlier you have experienced legal representation, the better positioned you are to challenge lethality assessments, protect your rights, and achieve the best possible outcome. The Ansara Law Firm has extensive experience defending clients against domestic violence charges.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Gabby Petito Act Passed in Florida, March 6, 2024, Gabby Petito Foundation
More Blog Entries:
Challenging the Credibility of the Accuser in a Broward Domestic Violence Case, Dec. 29, 2025, Fort Lauderdale Criminal Defense Lawyer Blog
