Fort Lauderdale Criminal Attorney Blog

August 15, 2023

Defense Strategies in Fort Lauderdale Domestic Violence by Strangulation Cases

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

The charge of domestic violence often conjures up images of bruises, black eyes, and broken bones. But one of the most serious Florida domestic violence offenses often leaves no marks at all.

If you are arrested for domestic violence by strangulation in Fort Lauderdale, it’s important to understand that this charge is much more serious than a typical domestic violence battery case. Florida lawmakers made the point of carving out an entirely separate statute for the offense of non-fatal choking or strangulation. Rather than being a misdemeanor punishable by up to 12 months in county jail, (as most domestic violence charges are), F.S. 784.041 makes domestic violence strangulation a third-degree felony, which is punishable by a maximum of 5 years in state prison.

It does not require proof of great bodily harm, permanent disability, or permanent disfigurement (which IS required for other domestic violence battery incidents to be charged as a felony). In 2019, a Florida district appellate court ruled in Lopez-Macaya v. State that there’s no need to prove the victim suffered actual great bodily harm – only that the defendant’s alleged actions created the risk of great bodily harm.

Despite the fact that only 50 percent of alleged strangulation victims have visible injuries and only 15 percent have injuries that can be photographed at the time police respond, officers are often quick to make an arrest on this charge if the accuser makes the allegation. That can mean you’re facing a felony despite very little evidence, but you still need to take the possibility of conviction very seriously because prosecutors aren’t likely to tread lightly. That’s because this act is singled out as a major red flag that domestic abuse has escalated to the point of a potential fatality. Continue reading

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

July 15, 2023

Why Hiring a Broward Domestic Violence Defense Lawyer Early in Your Case is Key

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

If you’re arrested for domestic violence in Fort Lauderdale, the very best thing you can do to minimize the impact this will have on your life is to immediately hire a Broward domestic violence defense lawyer. Even if you’re “only” facing misdemeanor assault or battery charges, the classification of this crime as one of domestic violence has a whole host of implications that can result in immediate impact and long-term consequences far outside of the realm of a “typical” crime. When you work with a skilled domestic violence defense attorney right from the start, you’re not only better prepared, you can be proactive – possibly preventing some of the most significant penalties.

Domestic violence is defined in F.S. 741.28 as any assault, battery, sexual assault/battery, stalking, kidnapping, false imprisonment, or any other criminal offense that results in the physical injury or death of one family member/household member by another family/household member. These can be married couples, ex-married couples, people related by blood or marriage, people living together as a family, people who previously lived together as a family, and people who share a child together (regardless of whether they ever lived together or were married). Domestic violence charges will not apply to those who are dating, but have no kids and never lived together (though violence between them may still result in criminal charges).

But just because you’ve been arrested doesn’t necessarily mean the case is going to be successfully prosecuted. In fact, as an experienced Broward domestic violence defense lawyer, I can tell you prosecutors often have a tough time proving these accusations beyond a reasonable doubt. But knowing how to successfully challenge their evidence is essential. Some of the ways in which a skilled domestic violence defense attorney can help right from the start: Continue reading

July 1, 2023

4 Ways a Fort Lauderdale DUI Lawyer Can Challenge the Charges

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

In a single recent year, there were nearly 1,300 DUI arrests in Broward County, according to the Florida Department of Law Enforcement. If you’re one of those who has been arrested for driving under the influence in South Florida, there are many strategies that an experienced Fort Lauderdale DUI lawyer may employ to help you successfully challenge the charges.

Of course, it always comes down to the unique circumstances – and these should be discussed with your defense lawyer as soon as possible after an arrest.

That said, some of the approaches we find often gaining traction with impaired driving cases in particular include:

June 28, 2023

How Much Does Victim Testimony Matter in a Broward Domestic Violence Case?

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

Recently, Florida prosecutors dropped criminal domestic violence charges against a professional boxer who had been accused of striking his ex-girlfriend in front of their child. Part of what factored into that decision was that the defendant agreed to complete an Anger Management class and both agreed to begin meeting with a counselor to work on peaceful, effective co-parenting strategies. But probably the biggest reason? The victim recanted her testimony and insisted she no longer wanted to proceed with the case.

According to local media reports, the pair were arguing over use of a vehicle when the defendant allegedly hit the woman on the side of her head with a closed hand. She called police twice, at one point telling dispatchers that the defendant had attacked and was going to kill her. He was arrested on misdemeanor charges, and bonded out. A few days later, the woman told investigators he’d never harmed her or their daughter, and said they were both responsible for the fight. She no longer wished to proceed with the case.

This raises the question: How much does a victim’s testimony truly matter in a Broward domestic violence case?

The answer depends on the unique facts of the situation, but a victim’s testimony is typically central to a domestic violence case. However, their cooperation is not. As a Fort Lauderdale domestic violence defense lawyers can explain, an alleged victim is not empowered to unilaterally decide whether to drop a domestic violence case or proceed with it. That’s because even though they are the person wronged, the charges actually refer to a violation of state law. So it’s the state’s case and decision whether to press on – not the victim’s.

Of course, as in most criminal cases, the testimony of a credible victim can be as powerful as any physical evidence. If the story changes or is recanted, their credibility is compromised and the case becomes harder to pursue.

However, Florida domestic violence cases are unique compared to other types of criminal matters. The reason is because it is incredibly common for alleged victims of domestic violence to recant or refuse to cooperate, courts courts have made special evidence exceptions to make it easier for prosecutors to get around the issue and still pursue these “victimless prosecutions.” Perhaps the most commonly-employed workaround is the hearsay exception. 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

May 30, 2023

Will I Still be Prosecuted for Florida Domestic Violence if the Alleged Victim Won’t Cooperate?

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

This is arguably one of the most common questions I get asked as a Fort Lauderdale domestic violence defense lawyer.

The short answer is: Probably.

That said, without the cooperation of the alleged victim, the foundation for the prosecution’s domestic violence case is undeniably weakened. If the alleged victim is actively helping the defense team, that can even further diminish the odds of a conviction. All of that could mean reduced charges or penalties.

However, it doesn’t automatically mean you’re out-of-the-legal-woods. Because it is such a common phenomenon for the alleged victim in these cases to refuse to cooperate with police or prosecutors, answer questions in deposition, or testify in court, the justice system has established a few workarounds (so-to-speak).

For one thing, while most assault and battery cases practically require the cooperation of a victim in order just to make an arrest, that’s not so in domestic violence situations. In fact, F.S. 741.29 states without no equivocation: “The decision to arrest or charge SHALL NOT require the consent of the victim or consideration of the relationship of the parties.” Furthermore, in section 4(b) of that same statute, the law holds that if there’s probable cause to believe two or more people committed a misdemeanor or felony, the officer has to make a determination about who was the primary aggressor. And then from there, the law says that “arrest is the preferred response only with respect to the primary aggressor,” (emphasis mine) and not with the other individual who acted reasonably to protect or defend themselves or someone else.

Secondly, as outlined by the U.S. Department of Justice, prosecutors have a literally playbook of strategies to employ when they’re prosecution domestic violence cases without a victim. Continue reading

May 20, 2023

“How Much Jail Time Will I Face for Passing Bad Checks in Florida?”

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

It’s not uncommon for someone to lose track of their budget and inadvertently overdraw their account when paying a bill. Making a mistake isn’t a crime. Where you will run into legal trouble though is when you know your funds don’t have money and you make the payment anyway.

The term “worthless checks” may be a bit obsolete, as most of our transactions these days are digital. But that doesn’t make it any more lawful to withdraw money from an account with full knowledge that:

There were insufficient fund in the account.
That account doesn’t exist.
That account was closed.
They intentionally engaged in an act that would cause the recipient financial institution to issue a “refer to maker.” This is when the funds initially clear the maker’s account, but then are later flagged for fraud. Most common scenario is someone steal’s another person’s debit card information.

Although these can seem like minor offenses, the reality is that in Florida, they can be felonies. If you’re charged with passing bad checks in Florida, it is vital that you contact an experienced Broward financial crimes defense lawyer. We can help you fight charges like credit card fraud, forgery, embezzlement, worthless checks, identity theft, and more.

How Does Florida Define “Bad Checks” as a Crime?

F.S. 832.05(2)(a) states that it is a crime for someone to issue, make, delivery, draw, utter, draft, or use a debit card to exchange money – knowing full well there isn’t enough money in that account to cover the cost. Both individuals and businesses have a responsibility to avoid paying for goods, services, or other things of value with worthless checks.

(Similarly, if you deposit a check knowing that the funds from the account the check is drawing from are insufficient, that’s also a bank fraud crime under F.S. 832.05(4)(b).

For most people, overdraft of an account is an honest mistake. But if you tend to play fast-and-lose with your balance – even just knowing there’s a chance you might overdraw – that could result in legal consequences.

There are two exceptions to this: Continue reading

May 10, 2023

Does Florida Have a “Romeo & Juliet Law”?

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

Young love can be a beautiful thing. Unless, of course, one of you is older than 18 and the other isn’t. Then, it could be a criminal thing. Statutory rape, to be exact.

As our Fort Lauderdale criminal defense lawyers can explain, Florida does have a so-called “Romeo & Juliet law,” but it’s not a catch-all for every consensual relationship situation between legal adults and teenagers. It also won’t protect you from criminal charges or conviction. It’s merely a means for the defendant to petition the court not to have to register as a sex offender.

Prior to 2007, the law in Florida was that ANY sexual relations between a minor and someone over the age of 18 was statutory rape – regardless of consent. A conviction meant the older party in the relationship would automatically have to register as a sex offender – and suffer all the lifelong complications that come with that, including difficulty with employment, housing, parental rights, and more.

In 2007, an exemption was introduced – what we refer to as the “Romeo & Juliet law,” codified in F.S. 943.0435.

What’s the Age of Consent in Florida?

First thing’s first: The age of consent for sexual relations in Florida is 18. Minors younger than that are by-and-large considered incapable of consenting to sexual activity.

There a few limited exceptions. Per F.S. 794.05, a minor who is 16 or 17 can consent to sexual intercourse with someone under the age of 24. In that case, no crime is committed. Same with consensual teen relationships between individuals 13 to 17 when there is no more than a 4-year age gap.

However, once the older half crosses the threshold of their 24th birthday, sexual intercourse with a 16 or 17-year-old becomes statutory rape, a second-degree felony punishable by up to 15 years in prison.

Scenarios that would be considered statutory rape under Florida law:
A sexual relationship between a 15-year-old and 18-year-old. (Second-degree felony.)
A sexual relationship with a 17-year-old and a 24-year-old. (Second-degree felony.)
A consensual sexual relationship between a 13-year-old and a 17-year-old. (Even though they’re both teenagers and it’s consensual, the older teen can be charged with lewd lascivious conduct if they’re 4+ years older than their younger paramour. It might literally come down to the month they were each born in. Though if that’s true, the defense might be in a stronger position to negotiate a dismissal or far reduced charge.)

If an adult travels to meet the minor for sex after making arrangements over the phone or internet, this is a second-degree felony – even if you never actually met up. If you’re 21-or-older and impregnant someone under 16, that’s a third-degree felony (contributing to the delinquency of a minor).

No one under 16 can consent to sex.

One (rare) exception is… Continue reading

May 1, 2023

Greater Use of Remote Technology Expected in Certain Florida Criminal Proceedings

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

We all know the legal world takes a bit more time than most to catch up to technological trends. Sometimes, this is a good thing; developing policy, procedure, and law on the basis of brand new tech that we still don’t fully understand the long-term implications of could have major unintended consequences. Sometimes, it’s perhaps less positive – particularly when we’re relying on standards and technology that’s been rendered obsolete or even archaic by current standards.

Recently, it was announced by the Florida Bar Association that the Board of Governors would be considering a proposed rule amendment that would compel judges to use remote technology in non-evidentiary hearings that last 30 minutes or less – unless they can show good cause why an in-person meeting is necessary.

What does this mean for defendants in Florida criminal cases? Mostly this is a win for everyone.

Some of the anticipated outcomes include: Continue reading