Battery

January 10, 2023

Big Penalties For Firearm Possession While Subject to Florida Domestic Violence Injunction

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

Many Americans hold their Second Amendment rights dear. But if you’re convicted of a Florida domestic violence offense OR you have a final domestic violence/stalking injunction against you, the right to bear arms goes out the window. In fact, buying or possessing firearms or ammunition post conviction or while you are subject to a Florida domestic violence injunction can result in serious penalties – including years behind bars. In some cases, federal authorities may get involved – even if the underlying injunction or conviction was issued at the state level. It is imperative if you’re accused of a firearms violation while subject to an injunction that you seek immediate legal counsel from a qualified defense attorney.

Case-in-point: A U.S. District Court judge recently sentenced a man to more than 3 years federal prison for possessing firearms while subject to a Florida domestic violence injunction. According to the U.S. Attorney’s Office for the Middle District of Florida, the 44-year-old defendant was subject to a domestic violence injunction issued by a state judge in Jacksonville. As part of that injunction, he was forbidden from purchasing or possessing any firearms or ammunition while the order was in effect. This directive was expressly communicated to him in the injunction, which noted failure to abide this rule was a violation of both state and federal laws.

In the spring of 2020, the defendant reportedly signed an affidavit indicating he’d turned over all firearms to deputies with the Jacksonville County Sheriff’s Office. But then, federal authorities were tipped off that he had not actually turned over all firearms in his possession. A special agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) began investigating, and noticed the defendant also had several firearm silencers that were nationally registered, but not surrendered to the sheriff’s office along with his other firearms and ammunition. The agent obtained a search warrant, which was executed in November 2021. At his residence, agents reportedly found seven guns (rifles, pistols, revolvers), silencers, and thousands of rounds of ammunition. Some of the guns and silencers were not properly registered.

His guilty plea for possession of firearms while subject to a domestic violence injunction was met with a 37-month prison sentence.

Florida & Federal Laws Against Firearm Possession in Violation of Domestic Violence Injunction

January 30, 2019

Defense Attorneys: LGBTQ Partners Can be Arrested for Domestic Violence in Florida

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

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.

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

January 3, 2019

Consequences When College Football Players are Arrested for Domestic Violence in Florida

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

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.

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

January 11, 2018

Is Your Car a Deadly Weapon? Florida Supreme Court to Decide.

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

Is it possible for your vehicle to be a deadly weapon? Although it might seem a straightforward question, given the fact that a vehicle could in fact be deadly if it’s used to run another person over, the answer isn’t clear when it comes to Florida law. The state appellate courts have reached different conclusions on this front, and the Florida Supreme Court is slated to issue a ruling on one such case, meaning it could settle the issue.

The distinction between vehicle and deadly weapon is significant because it holds the possibility of an additional 15 years to one’s prison sentence if convicted of using a deadly weapon against another person.

In 2004, justices with the Florida Supreme Court ruled that a motor vehicle isn’t something that can be commonly considered an instrument for use in combat against another individual. Based on that ruling, a South Florida appellate court last year ruled that a 30-year sentence on a manslaughter charge imposed on a Fort Myers man for repeatedly running over a woman in 2008 should be reduced to 15 years. (However, he’ll still probably serve 30 years, given that he was also given 30 years for leaving the scene of a deadly accident.) Continue reading

August 10, 2017

Sportscaster’s Florida Elder Battery Arrest Underscores Growing Crime Trend

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

A well-known South Florida sports caster was arrested for battery on an elderly person, identified as a 70-year-old man. It’s not clear whether the two are related, though defendant had been staying at the home where the elder man resides.

The Palm Beach Post reports authorities were called to do a welfare check. Then an hour later, a woman called 911, identifying the NBA radio host and indicating he was beating an elderly man. Following his first court appearance, at which alleged victim stressed the judge he was not afraid of defendant, the court ordered a mental health evaluation before approving a pre-trial supervised release.

Although this case involves a high-profile defendant, it underscores the increasing incidence of cases filed under F.S. 784.08, assault and battery on an a person 65 or older. It also highlights the fact that not all domestic violence incidents occur between romantic partners or exes. Such crimes can result felony or misdemeanor consequences, depending on the details. Continue reading

February 21, 2017

Father Gets 2 Years for Cruise Ship Attack on Teen Who Propositioned Daughter

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

The 33-year-old Ohio father of a teenage girl was sentenced to two years in prison for an attack on a teen boy who had allegedly propositioned the 13-year-old girl while on a cruise ship off the coast of Florida.

The incident occurred on an Independence of the Seas cruise ship back in the summer of 2015, where defendant and his family were vacationing. Defendant’s brother-in-law reportedly overheard the teen boy, age 14, offer his daughter a key chain in exchange for giving him her virginity. Authorities then said defendant took no action to intervene when the 31-year-old brother-in-law grabbed the boy in the library of the ship, forced him to pull down his pants and simulated a sexual act on him.

He was arrested and later convicted on charges of child abuse and false imprisonment. Despite his repeated apologies to the court and insistence that he meant no harm, the judge pointed out the man had failed to apologize to the teen boy himself. Continue reading

October 1, 2015

Pompano Beach Neck Stabbing Suspect Sought

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

An argument between two Pompano Beach roommates resulted in a violent act that left one man in critical condition with multiple stab wounds to the neck and another facing charges of attempted murder.

Police haven’t indicated what the source of the conflict was between alleged victim Mark Gougeon, 57, and alleged assailant, Brandon Wilson, 25. Both men were identified per a Broward County Sheriff’s report released to the South Florida Sun-Sentinel.

According to news reports of the incident, deputies responded to a call regarding a Pompano Beach stabbing on Sept. 29th. Near the 400 block of NW 10th Avenue, authorities found a man on an outside bench, suffering from a major loss of blood from his neck. The victim was reportedly still conscious and breathing, and well enough to inform investigators that Wilson, his roommate, grabbed him from behind and attempted to cut his throat.
Continue reading

August 23, 2015

Arrest on Cruise Ship for Battery of a Minor

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

Millions of people flock to Florida and its surrounding waters for an escape from the daily grind. But for some, the “vacation mindset” leads to lowered inhibitions and the assumption that consequences won’t be forthcoming.

However, as one Ohio man learned recently, one doesn’t evade the law simply because a crime occurs on vacation.

The 30-year-old was arrested at a Florida port, shortly after the cruise ship on which he was a passenger docked. Authorities alleged he had battered and threatened a 13-year-old boy who made sexual overtures toward his niece. He was charged with child abuse, assault, battery and false imprisonment of a child.
Continue reading

April 2, 2009

Broward County DUI Cop Now Charged with Battery

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

A Broward sheriff’s deputy has been charged — and has resigned from his job — after two women reported that he touched them inappropriately after traffic stops last year.

Authorities on Monday charged Charles E. Grady, 39, a deputy for nearly 12 years, with two counts of misdemeanor battery. In addition, prosecutors revealed they have already reduced or dropped charges in dozens of cases in which Grady was involved.

Grady resigned Wednesday. He had been suspended since the allegations were brought to BSO in December, the agency said.

BSO said that Grady had ”inappropriate contact” with two women. Court records state that the first incident happened on Sept. 19 and the second on Dec. 19. Both are alleged to have occurred as part of traffic stops.

ANSARA RESPONDS
Broward County DUI Deputy Charles E. Grady has been charged with two counts of misdemeanor battery. Let me explain what needs to occur in order for an individual to be charged with criminal battery in Florida.
Florida Statute 784.03 states that a battery occurs when a person 1) actually and intentionally touches or strikes another person against the will of the other; or 2) Intentionally causes bodily harm to another person.