Fort Lauderdale Criminal Attorney Blog

The Broward County Bar Association recently released a detailed analysis offering some insight into why local domestic violence cases have surged.

Broward domestic violence defense attorneys know that a big part of it has to do with the economy. It’s practically a science – meteorologists can tell from barometric pressure readings whether it’s going to be a good weather day or a bad one. Defense attorneys know that when the economy begins to tank, domestic violence cases increase.

Throughout the U.S., calls to the National Domestic Violence Hotline have climbed by about 13 percent from 2007 to 2009. In Florida, domestic violence centers reported a 40 percent increase in demand for services from late 2008 to late 2009. In the last year, Broward County domestic violence centers have reported an eye-popping 43 percent increase in calls, while those in Palm Beach County have reported an uptick of 27 percent.

What does the economy have to do with it? Consider first that South Florida has been hit especially hard by the economic crisis. Even though politicians in Washington continue to espouse the fact that we’re now technically in a recovery, a lot of people here are still struggling with impending foreclosures, unemployment or underemployment, reduced wages and overall economic insecurity. When people are on edge or depressed, that alone can lead to “taking it out on” those closes to you. It can also lead to substance abuse, which is another factor in domestic violence allegations.

Something else that is not often discussed with regard to domestic violence allegations in tough economic times is the fact that police agencies are often overworked and understaffed. Officers are being forced to take on more cases without working any additional hours, as local, state and federal budget cuts put restrictions on overtime and the hiring. And, of course, a similar strain on resources exists in the court system.

Officers conduct a cursory overview of the facts with a few questions – and that’s it. But almost always in domestic violence cases, someone is going to jail. Even if you are charged with a misdemeanor, as is the case with most domestic violence arrests, that mark is going to remain on your permanent record forever, unless your attorney can convince the state attorney’s office to drop or reduce the charges or if you are exonerated by a judge or jury.

This is why it’s critical to hire an experienced domestic violence attorney because this kind of a conviction – even if you plead no contest – will follow you as you try to apply for a job, or even keep the one you have. The current economic state of this country makes this an even more pressing issue.

Some of the strategies that a criminal defense lawyer in your case might employ include:
–Showing a potential monetary or other benefit that the accuser stands to gain with your conviction;
–Calling witnesses to testify that the person accused has a reputation for being non-violent and peaceful;
–Calling witnesses to testify that the accuser has a history of not being truthful;
–Showing that the accuser may be an unreliable witness due to the abuse of drugs or alcohol;
–Showing that the actions of the accused were taken either in self-defense or in order to protect children from the acts of the accuser.
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A report under the news category, “Flori-Duh” mocked a Fort Lauderdale man who had been arrested on charges of domestic violence battery after reportedly covering a woman with tomato sauce and shaving cream.

However, Fort Lauderdale domestic violence defense lawyers know that in all seriousness, the charges are nothing to laugh about.

The news report details the account of a domestic violence dispute that quickly escalated into a situation in which the 26-year-old man allegedly doused the woman in cream and sauce. The judge presiding over the situation said he thought he had heard just about everything: domestic violence by tuna can, pizza, sandwiches and meatballs. These are the stuff of legendary lunchroom food fights, but in the context of a domestic violence case, the repercussions are far steeper than a trip to the principal’s office. (By the way, a high school food fight in Arizona recently resulted in felony battery on a teacher charges for one of the teens involved, so the use of food in an action against someone else doesn’t de-criminalize the act.)

Florida statute 784.011 defines assault as an intentional and unlawful threat by word or act to do violence upon another person accompanied by the ability to carry out that threat. Battery, as defined in Florida statute 784.03, is the act of intentionally touching or striking another person against the will of that person.

Florida Statute 741.28 defines domestic violence as ANY assault, battery, sexual assault or battery, stalking, false imprisonment, kidnapping “or any other criminal offense” that results in physical injury or death of a household or family member by another household or family member.

These can be charged as either felonies or misdemeanors, depending on the severity of the case and the criminal background of the defendant, which mean a person could potentially be sentenced to years behind bars if convicted.

The whole phenomenon of poking fun at cases of domestic violence involving food or other weird objects was addressed recently by an editorial in a Nebraska newspaper, where a husband had been arrested there for assaulting his wife with a sandwich. The reporter who covered the story had used tongue-in-cheek phrasing and noted the “several pieces of lunch meat found on the carpet,” as well as the mayonnaise stains on the victim’s shirt. The husband was charged with a misdemeanor, and the story was subsequently picked up by national news outlets, including Fox News, the New York Daily News, CBS News and others.

Online commentators had even more fun with the story, asking if the sandwich was a “club sandwich” and whether, if the sandwich had been ham and the woman a Muslim, if it would have been prosecuted as a hate crime.

The editorial chided these remarks, as well as the “news” reports. But, of course, this is unlikely to have much effect on the media, or on those who find humor in the situation, particularly when someone isn’t seriously hurt.

What’s important for potential clients to understand is that even if the circumstances surrounding your arrest become fodder for laughs, you need to take it seriously and hire a criminal defense lawyer with experience.
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A Boynton Beach woman is facing criminal charges after police say she beat her young son with a belt after he was reported at school for bad behavior.

Fort Lauderdale criminal defense lawyers know that 50 years ago – and even today in certain cultures – such conduct would barely cause a raised eyebrow, let alone criminal charges. In fact, this was historically seen as a form of good parenting.

In fact, in 19 states in this country – including Florida – corporal punishment is not only allowable, it is sanctioned and carried out by school administrators. The boards used to paddle children are about 5 inches wide and 1/2 inch thick. They are often hand-made, sometimes by students themselves in wood shop.

A recent report by ABC News indicated that about 3,600 students were spanked by school officials in Florida last year. (That’s much lower than in states like Georgia and Florida, which on average spank more than 28,000 kids annually.)

But times have changed dramatically, and criminal laws are always evolving.

Even though Florida lawmakers have been working to ban corporal discipline in Florida schools, the measure has so far been unsuccessful. Most Florida schools have opted out of the practice, but clearly not all of them.

And yet, it appears we use a different measuring stick when it comes to the actions of parents seeking to discipline their children.

Florida Statute 827.03 defines child abuse as the intentional infliction of physical or mental injury on a child or an intentional act that could reasonably be expected to result in physical or mental injury on a child or the active encouragement of another person to inflict physical or mental injury on a child.

“Physical injury” is a vague term, and fails to differentiate from severe welts and bruising to hand prints and scratches.

This is not to say that there are not parents who take it too far. But in a state where we allow school officials to paddle children, the line often seems unclear.

In this case, the 34-year-old mother was upset with her son, age 5, for bringing home a bad conduct report. Essentially, these are issued when a child acts up in class. She then reportedly took her into his room and whipped him with a belt. The noise woke the boy’s father, who asked the mother to stop.

Somehow, an investigator with the Florida Department of Children and Families learned of the incident and started an investigation. The boy had a single vertical mark across the side of his back, as well as several bruises. The boy said that his mother disciplined him and his sister with a belt when they misbehave.

They also have a younger brother, age 1. There is no indication that the infant has been subjected to any physical harm by the mother.
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When it comes to domestic violence arrests in Florida, there is no one-size-fits all charge.

The fact is, prosecutors have a host of varying options to choose from when it comes to charging, and it’s all based on the specific evidence available in each individual case.

This is where having a Fort Lauderdale criminal defense attorney who specializes in domestic violence cases becomes especially important. It’s one thing to generally know the potential defenses in a criminal case, but it’s another to be well-familiarized with the ins-and-outs of a specific area of law.

Choosing a defense attorney who is armed with this knowledge can be critical to ensuring the best possible outcome based on your circumstances.

This case involved a 40-year-old West Palm Beach man and his 38-year-old live-in girlfriend of four months. Investigators arrested the suspect on charges of domestic battery by strangulation, aggravated battery with a deadly weapon, criminal mischief and resisting police officers with violence.

Authorities were reportedly alerted to the case by hospital staff, who were treating the woman days after the alleged attack. She told investigators she hadn’t sought treatment earlier because she feared the legal consequences her boyfriend might face.

Investigators say that the man had been consuming alcohol throughout the day, and when evening fell, he began to argue with his girlfriend. She then reportedly went outside and he followed her. At this point, she contends he began hitting her in the back of the neck with his fists.

The woman was reportedly able to get away and went back inside to get her phone, purse and keys from a bedroom. The defendant then allegedly closed the door behind him, hit the woman on both ears with the palms of his hands. She claims he also took her phone and smashed it on the ground.

She said he then grabbed her by the neck, and opened a pocket knife, which he held to her neck, while saying that he intended to kill her and bury her in the backyard.

Again, she was able to break away and sought shelter with a neighbor.

Domestic violence by strangulation is defined in Florida Statute 784.041(2)(a), which states that the defendant must have knowingly and with intention and against the other person’s will “impede normal breathing or strangulation or circulation of the blood” to either a family member or a person living in the same house or to someone he or she is dating. This act must be such that it creates the risk of serious bodily harm by applying pressure to either the neck or throat or by blocking the mouth or nose of the other person.

This is a third-degree felony charge, which means it’s punishable by up to 5 years in prison.

In this case, it’s not clear what evidence police have to prove that this charge applies. At no point did the report say that the alleged victim was unable to breathe. Furthermore, the delay in reporting the case has more than likely resulted in the disintegration of evidence that would have been vital to the prosecution’s case.

Nonetheless, the seriousness of these allegations warrants the help of an attorney with experience in defending domestic violence cases.
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So often when we talk about domestic violence in the criminal sense, we picture a man lashing out at a woman with whom he’s romantically involved.

But our Fort Lauderdale criminal defense lawyers know that under the actual definition of the law, there are many other scenarios that qualify.

Such was the incident between a brother and sister who quarreled over the boy’s annoyance of his older sister.

According to the Sun Sentinel, the 18-year-old sister was watching a movie with her cousin. Her brother charged into the room with a laundry basket on his head, in a clear attempt to annoy the two women. When the sister yelled at him to leave the room, the 12-year-old boy refused.

This is where the argument escalated.

Police say the 18-year-old tackled her younger brother to the ground and then kicked him in the head while he was on the floor and scratched his back. At some point during the altercation, police say the woman grabbed a knife from the kitchen and stabbed her younger brother in the shoulder.

At that point, an older brother stepped in, grabbed the boy and dragged him to a bedroom, locking the door behind them.

However, the sister then kicked the door in. The boy grabbed a machete that was in the room in an effort to defend himself. It’s unclear whether the woman sustained any injuries as a result.

At that point, someone in the house contacted police.

Investigators at the scene took the knife and machete as evidence and photographed the damage to the door, as well as the welts and bruises that were forming on the boy’s body.

The woman later told police that she had only grabbed the knife in an effort to defend herself. She was nonetheless booked on charges of aggravated assault and child abuse.

These are two very serious charges, and whether this woman is convicted will depend a great deal on a number of factors, including:

–The statements made by witnesses about who was the aggressor in the situation;
–How the two involved parties’ statements conflict with the witness statements;
–The extend of the injuries to each party;
–The size of the two individuals involved;
–Is the boy’s statement consistent with the one he gave at the time of arrest.

Each of these will be weighed by the defense attorney to determine the best course of action.

What may not help this woman’s case is that she was arrested in 2008 for aggravated assault. It’s not clear, however, whether she was convicted.

Aggravated battery, as defined in Florida Statute 784.045 is when a person knowingly or intentionally causes great bodily harm or permanent disability or disfigurement or uses a deadly weapon. This is a second-degree felony, which is punishable by a maximum of 15 years in prison.

Child abuse is an equally serious offense, as defined in Florida Statute 827.03. It is essentially defined as the intentional infliction of physical or mental injury upon a child. It can be charged as either a second or third degree felony, depending on the extend of the child’s injuries and the intention of the alleged aggressor. As a third-degree felony, it would be punishable by a maximum of five years in prison.

The court may also take into consideration the age of the parties involved. Although the aggressor is technically an adult, she is not a great deal older than the alleged victim. There is no legal provision for this, but it is something the court may weigh.
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The headlines detailing a physical argument between a boyfriend and girlfriend at a local casino blared the words, “mutual combat.”

Indeed, Fort Lauderdale domestic violence attorneys noted the pair both had apparent bruises in their mug shots – he with a cut under his eye, and she with a bruise to her forehead.

But in terms of domestic violence law, is there such a thing as a “mutual combat” defense?

Yes, and no.

You wouldn’t actually call it “mutual combat.” Instead, you would explain it as self-defense during a mutual struggle.

Self defense is a valid defense to a domestic violence charge, but your defense attorney must convincingly make a case to the judge, based on available evidence. This is before the case would ever go to trial. In instances of mutual struggle, your defense attorney may be able to persuade prosecutors not to formally file criminal charges, based on the fact that both parties were equally aggressive toward one another.

Domestic violence is defined in Florida Statute 741.28 as the assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, sexual battery, sexual assault, false imprisonment or kidnapping that results in physical injury or death of a family or household member by another family or household member.

In this case, the Sun Sentinel reports that the pair had spent the evening in Hollywood at the Seminole Hard Rock Hotel & Casino. As they were preparing to leave, there was a disagreement about who would do the actual driving back to their shared residence.

A pint glass was reportedly thrown by the woman at the man. She missed. Police were called. But the argument had reportedly escalated by the time officers arrived. Investigators say the woman bit her boyfriend’s thumb, leaving teeth mark imprints.

The man told officers he tried to quash the violence, but witnesses said he put his girlfriend in a headlock and rammed her head into a nearby car.

The two 28-year-olds were arrested, both charged with battery domestic violence. The woman is additionally facing charges of aggravated assault with a deadly weapon without intent to kill.

They were booked with bonds set at $10,000 and $11,000.

Generally speaking, the law says you are allowed to use force against someone if you or someone else is about to be injured by that person.

The greatest problem with this defense is that you are, in essence, admitting to the court that you did commit an assault and/or battery. This means you are essentially proving the prosecutor’s case. This means in order for it to be effective, you have to prove that the other party was the aggressor and that you feared yourself in danger of harm. If the jury or judge does not believe you, this would essentially be an automatic conviction.

They key in these cases is being able to express what happened in an eloquent, convincing way. This is where having an experienced attorney on your side becomes critical.
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