Fort Lauderdale Criminal Attorney Blog

March 20, 2024

“How Much Jail Time Will I Get for Domestic Violence in Florida?”

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

For those arrested for domestic violence in Fort Lauderdale, one of the first questions is, “How much jail time will I get?”

As Broward domestic violence lawyers, it’s impossible to say for certain without examining the specifics of your case, but what we can say is this:

You will probably be held in jail at least until your first appearance – even in misdemeanor domestic violence cases. Ideally, that first appearance is within 24 hours of the arrest, though it can take longer if the arrest occurred early in the weekend or right before a holiday.
You will likely be granted the opportunity to be released on bail. However, your release will probably be dependent on a number of special conditions, such as having no contact with the alleged victim, relinquishing possession of any firearms, and possibly GPS monitoring.
An arrest doesn’t automatically mean you’ll be convicted or even charged. Hire a defense lawyer who can engage prosecutors in talks early, presenting factual defenses, legal issues and mitigating circumstances. This can sometimes sway prosecutors early on not to file charges or to file lesser charges – both of which minimizes your risk of jail time.

Now, let’s say you are convicted for domestic violence. You will probably serve some jail time, but the exact amount can vary widely.

One of the reasons for that is that “domestic violence” doesn’t refer to a single crime. It can involve anything from threats, harassment and stalking to kidnapping, sexual battery or felony battery. What differentiates it as an act of domestic violence is the relationship between the two parties. A violent act is considered one of domestic violence if the accuser and accused are family or household members who live together or used to live together as a family OR they share a child together (regardless of whether they ever lived together). Continue reading

March 1, 2024

“Can I Be Arrested for Bullying in Florida?” Broward Defense Lawyer Has Answers.

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

It’s estimated that 1 in every 5 students is bullied at some point in their lives. But at what point does bullying become a crime? Can a person be arrested for bullying in Florida?

Short answer is: Yes, you can be arrested for bullying in Florida. However, the charge that is filed will not be for “bullying.”

There are bullying and cyberbullying statutes in Florida. However, those pertain mostly to public school district standards and responses to student bullying, both on and off campus. F.S. 1006.147 sets expectations for school districts to be proactive in preventing bullying and responding swiftly and decisively when bullying is reported. That response can include school-imposed discipline, such as suspension or even expulsion.

The conduct outlined in that statute includes things like teasing, social exclusion, and public embarrassment. Such acts aren’t kind – but they aren’t necessarily criminal.

Other acts, such as threats, intimidation, stalking, physical violence, harassment and theft – these ARE criminal. A person accused of bullying using these tactics would be charged under the appropriate statute that correlates to the act.

For example, a person accused of harassment or stalking via texts, emails, or social media may be accused of cyberstalking, as outlined in F.S. 784.048. A charge of cyberbullying in Florida requires proof that the accused engaged in a course of conduct to communicate with someone (directly or indirectly) with the intention to cause substantial emotional distress with no legitimate purpose. It usually involves classmates, acquaintances, former friends or prior intimate partners. Occasionally, it can involve strangers.

Cyberstalking is a first-degree misdemeanor, punishable by up to one year in jail. However, it could be a third-degree felony, punishable by up to 5 years in prison, if the victim is under 16, a credible threat of harm is made or there’s an active restraining order against the accused. Continue reading

February 25, 2024

How Serious is a Sexual Cyberharassment Arrest in Florida?

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

It used to be that nude pictures and sexually explicit videos were almost exclusively found in behind-the-counter magazines, specialty theaters and shops and via pay-per-view cable access. But these days, everyone has a smartphone with a camera, and one recent study found that about 40% of American men and women have sent a sexual picture to someone else at some point in their lives. The actual number is probably a lot higher – which is fine, because such exchanges between consenting adults is perfectly legal.

Where we run into problems is when images are shared or threatened to be shared without the consent of the person depicted. This is known as sexual cyberharassment, or “revenge porn,” and it’s been outlawed in Florida since 2015.

Fort Lauderdale criminal defense lawyer Richard Ansara has successfully represented clients accused of sexual cyberharassment in Florida. Prosecutors have a high proof burden to clear with these cases. No matter how solidly it seems the cards are stacked against you, there are almost always ways a skilled defense lawyer can minimize the fallout.

What Exactly Is Sexual Cyberharassment?

F.S. 784.049 defines sexual cyberharassment as using electronic communication devices to send or publish sexually explicit images or videos of another person without their consent.

A few additional stipulations: Continue reading

February 3, 2024

Defense Attorney Richard Ansara Quoted by Sun Sentinel on Proposed Florida Stalking Law

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

South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

January 15, 2024

Broward DUI Lawyer: Proposed Florida DUI Law Sidesteps Defendant Due Process

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

Twin bills in the Florida House and Senate threaten to undercut the due process rights of defendants facing Broward DUI charges. HB 39 and SB 260 would require drivers who refuse to take a breathalyzer to install ignition interlock devices at their own expense – regardless of whether they are ultimately found guilty of violating F.S. 316.193, Florida’s DUI statute.

As a Broward DUI lawyer can explain, the proposed statute is aligned the existing implied consent law, F.S. 316.1932. Essentially, this law establishes that driving is a state-extended privilege, as opposed to a right. Therefore, by operating such a vehicle, the state has the right to impose certain requirements. One of those is that drivers agree to the condition that if they are going to drive, they have impliedly given their consent to submit to approved chemical or physical testing (namely breathalyzer tests) for the purposes of determining whether he/she was driving under the influence of alcohol. Such tests must be incidental to a lawful arrest and administered by a law enforcement officer who has reasonable cause to believe the driver is under the influence.

If a driver in these circumstances refuses to submit to a breathalyzer test, their driver’s license is automatically suspended for one year. This is true regardless of whether they are ultimately convicted of a DUI. For second or subsequent refusals, the suspension is 18 months. Continue reading

January 4, 2024

Palm Beach Domestic Violence Defense Lawyer Explains “Prior Bad Acts” Evidence

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

When it comes to criminal allegations, judges are generally reluctant to allow consideration of a defendant’s “prior bad acts.” The reasoning here is pretty straightforward: Providing proof of previous misconduct has the potential to poison juror perception of the defendant, leading to potentially unfair outcomes.

The fear is that a conviction will be based on evidence that the defendant committed a different crime besides the one being charged. Similarly, there is concern that jurors may be swayed to convict someone on the basis that they’re a “bad person,” rather than on solid evidence of a crime.

Why is this more of an issue in Florida domestic violence cases? As a Palm Beach domestic violence defense lawyer can explain, courts are more likely to allow evidence of prior bad acts in domestic violence cases than in others.

Prior Bad Acts Reflect Poorly on Defendant

Prior bad acts are generally only admissible when they are relevant and necessary to establish motive, intent, mistake, identity or a common scheme/plan. Domestic violence cases often turn on issues of credibility (he said/she said), particularly if an alleged victim recants. In these cases, introducing evidence of prior violence can make a huge difference between conviction and acquittal.

Such evidence can be used to: Continue reading

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.

December 7, 2023

Broward Criminal Defense Lawyer Explains Affirmative Defenses

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

You’re likely familiar with the phrase “innocent until proven guilty” or “proof beyond a reasonable doubt.” As a Broward criminal defense lawyer can further explain, these both reference the fact that the burden of proof in Florida criminal cases is on the prosecutor. As outlined in the Fifth Amendment to the U.S. Constitution, it’s a basic civil right to be presumed innocent and to require prosecutors to meet certain standards in order to prove the defendant’s guilt.

But there is a way to still win your criminal case even if the prosecutor does meet the proof burden. It’s called an affirmative defense.

In essence, an affirmative defense doesn’t deny the act occurred, but asserts it was either justified or excusable. It does shift the burden of proof from the prosecution to the defense. But if you have the right evidence, you can obtain a favorable outcome: Acquittal or avoiding trial altogether.

Broward Criminal Defense Lawyer on How Defenses Work

At the start of a case, the most likely strategy for your Broward criminal defense lawyer will be to analyze the flaws in the prosecutor’s case. They’ll be looking for weaknesses in the factual elements the prosecutor must establish if they want to get a conviction. If they can effectively raise reasonable doubt for jurors, there’s no need for additional defense.

An affirmative defense, however, is a different approach. Rather than going after the prosecutor’s evidence, y0uor Broward criminal defense lawyer concedes the basic facts, but insists their client should still avoid conviction. In other words, “Yes, it’s true my client did this. However, there are legal grounds that justify/excuse/prevent a conviction.” At that point, the onus is on the defense team to prove the basis for an affirmative defense.

Common Affirmative Defenses in South Florida Criminal Cases

November 29, 2023

Why Fort Lauderdale Criminal Defense Lawyers Must Combat Evidence-Based Sentencing

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

The notion of making “evidence-based” decisions in a criminal case sounds like an all-around positive – right? After all, detention, arrest, conviction – all of that is “evidence-based.” Police, prosecutors, judges, and jurors can’t simply rely on their own whims to reach conclusions. They must use evidence. However, as Fort Lauderdale criminal defense lawyers can explain, using “evidence-based” tools can lead to substantially skewed and unfair outcomes when applied during the sentencing phase.

The Cornell Law Review opens its 2019 research on this very topic by breaking it down like this:

“Jack and Jill went up the hill to steal a pail of water, Both were caught and sentenced to jail, But Jack came out two years later.” Why was Jack sentenced to so much more time than Jill when they both committed the same crime and have the same criminal history? Because he’s male, and statistically, men have higher recidivism rates than women. If we’re relying on evidence-based sentencing, the judge may agree that Jack is more likely to offend – and give him a harsher sentence.

This is the problem with evidence-based sentencing. It relies on a range of factors – some relevant to the crime, others totally outside the control of the defendant (up to and including immutable characteristics) – to determine likely recidivism and fair sentencing.

Evidence-based sentencing leans on large datasets to evaluate the statistical likelihood between a group trait and the rate of re-offending. But it goes beyond prior offense. Some of the factors analyzed include things like:

Age
Sex
Education
Marital status
Employment
Education
Parental convictions
Family members who were crime victims
High school grades
Chances of finding work above minimum wage
Dependence on social services
Finances
Crime statistics in their neighborhood of residence

As Fort Lauderdale criminal defense lawyers, we of course find this incredibly problematic for a number of reasons – not the least of which being from a constitutional standpoint. Plus, there’s significant doubt when it comes to the scientific validity of such methods when it comes to the accuracy of using such factors to determine one’s likeliness of re-offending. Continue reading

November 8, 2023

Could Florida Gun Possession Under Domestic Violence Restraining Order be Legalized?

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

The U.S. Supreme Court is poised to decide whether to uphold a federal law that prohibits individuals subject to a domestic violence restraining order from possessing firearms.

The case is U.S. v. Rahimi, and it involves a Texas man accused of striking his girlfriend during an argument and later threatening to shoot her.

As Fort Lauderdale criminal defense lawyers who have represented defendants in matters of domestic violence, domestic violence restraining orders, and unlawful firearm possession, we’ve been watching the case closely. Although it comes down to federal law (18 U.S.C. §922(g)(8)) and we primarily handle state-level cases, there could certainly be some ripple effects if the justices err on the side of the right to bear arms.

Despite the conservative bend on the bench and the fact that justices expanded gun rights last year, many legal scholars are concluding it unlikely justices will go against the grain on this federal law in the Rahimi case. A federal appellate court in that matter struck down a 1994 federal ban on firearms for those under court order to stay away from their partners or spouses.

Whatever they decide, it could have implications for lots of other cases – including a pending matter involving President Joe Biden’s son, Hunter Biden. The younger Biden is facing criminal charges for purchasing a firearm while addicted to drugs, something that is also prohibited under federal law, though less commonly enforced as the domestic violence restraining order restriction.

As noted during the SCOTUS oral arguments, the existing federal background check system has blocked some 75,000 gun sales to those subject to domestic violence protection orders over the last 25 years.

What the Federal Law Says

The federal law says it’s unlawful for a person who has a protection order (a Florida judgment of injunction for protection of domestic violence meets this definition) in effect to possess guns or ammunition, to ship or transport guns or ammunition interstate, to receive any that have been so shipped or transported, or to have any that have been seized returned to them. The respondent in that case must be identified as an “intimate partner” (spouse, ex-spouse, co-parent, or person who lives/has lived together with victim). There are exemptions for police and active military members who who are required to possess service firearms as part of their job.

If a person is convicted of a domestic violence offense, they are permanently disqualified from possessing a gun or ammunition – and there’s no official use exemption in that case. Even if the case is expunged, the court can still retain that firearm prohibition.

Violate the federal firearm law on this, and you’re facing up to 10 years in federal prison and/or a $250,000 fine.

However, as our Fort Lauderdale defense attorneys can explain, even the repeal of the federal law wouldn’t necessarily mean these prohibitions would magically disappear. That’s because we still have state firearm restrictions for domestic violence injunctions with which to contend.

Fort Lauderdale Criminal Attorney Blog

What Exactly Is Sexual Cyberharassment?

Prior Bad Acts Reflect Poorly on Defendant

Broward Criminal Defense Lawyer on How Defenses Work

Common Affirmative Defenses in South Florida Criminal Cases

What the Federal Law Says

Florida Firearm Possession Rules for Subjects of Domestic Violence Injunction Continue reading