Fort Lauderdale Criminal Attorney Blog

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 6, 2023

Exploring Mutual Combat Defense in Florida Domestic Violence Cases

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

Questions about the mutual combat defense in Florida domestic violence cases arose recently when video surfaced of UFC President Dana White slapping his wife, Anne, at a night club in Mexico on New Year’s Eve – after she slapped him.

The TMZ video showed the couple in a verbal altercation that turned physical, with Dana pushing Anne’s hand, Anne slapping Dana in the face, and Dana then slapping Anne twice in her face. The two continued to physically struggle with each other until they were separated by third parties. Both released statements after the fact saying nothing like this had ever happened before, they’d both been drinking too much alcohol, and were eager to move on.

Some have called for Dana’s resignation from his prominent public position, while certain media outlets and individual anchors have been criticized for “being soft” or “muted” in their reporting of the incident. But whatever professional consequences there are for what happened, few people are talking about criminal penalties for either spouse. Although domestic violence is illegal in Mexico, it’s unlikely authorities there will issue a warrant and demand extradition of either party here, considering no one was seriously hurt and both parties were aggressive toward each other.

If this same incident had occurred in Florida – and with video evidence, no less – it’s unlikely neither party would walk away with zero consequences. Still, some have asked whether the mutual combat defense may apply.

Florida Law Expressly Discourages Dual Arrests for Domestic Violence

Although both people involved in a Florida domestic violence case can be arrested for the same incident, F.S. 741.29(4)(b) strongly discourages dual arrests (where both parties are arrested for domestic violence). Instead, as our Fort Lauderdale domestic violence defense lawyers can explain, officers who believe two or more persons may have committed a misdemeanor or felony act of domestic violence are urged to identify the primary aggressor. Even if both people hit each other, the officer is supposed to figure out (usually after the fact, based on he-said-she-said statements) who was more at-fault.

Arrest is the preferred response – for the “primary aggressor” only. If the other person “acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence,” they should not be arrested. Continue reading

December 28, 2022

When False Imprisonment Charge is Part of a Florida Domestic Violence Case

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

Words like “kidnapping” or “false imprisonment” immediately conjure images of a person being bound and blindfolded, unable to escape a cagey stranger’s clutches. But more often, false imprisonment charges in Florida stem from incidents alleged domestic violence. Rather than tying someone up, false imprisonment looks more like forcing someone to stop and just listen to your side of the argument – something that can seem like a reasonable action, especially in the heat of a spirited disagreement. But it’s a felony, and should be taken seriously.

False imprisonment, as defined in F.S. 787.02, is when someone without the legal authority to do so restrains another person against their will. It’s similar to kidnapping, except the latter is more serious and involves moving another person against their will from one place to another while they are confined. Kidnapping also typically involves the intent to to commit another serious offense (i.e., extortion, sexual assault, battery, etc.).

False imprisonment is a third-degree felony, which carries penalties of a maximum penalty of 5 years in prison, 5 years of probation, and $5,000 in fines. It may also result in a permanent injunction (aka restraining order), which can have lasting implications for future employment opportunities, firearm rights, freedom of travel, etc. Kidnapping, meanwhile, is typically a first-degree felony, punishable by up to 30 years in prison. It can even be a life felony if carried out in conjunction with other serious offenses.

Penalties can be more significant for either charge if there are aggravating factors – particularly if it was carried out in conjunction with another serious felony, such as robbery, burglary, sexual assault, child abuse, human trafficking, or exploitation of a minor. Prior convictions can also exacerbate the seriousness of a false imprisonment charge.

What Do Prosecutors Have to Prove in a Florida False Imprisonment Case?

As our Fort Lauderdale defense lawyers can explain, the elements of a false imprisonment charge are:

Intentional imprisonment. That is, the defendant intentionally limited or restricted the other person’s freedom – confining, abducting, imprisoning, or restraining them. It doesn’t necessarily require physical restraint. Coercion, threats of violence, and tricking someone can satisfy this requirement as well.
Lack of consent. The person who is being held does not consent to it. It’s worth noting that children, individuals with cognitive disabilities or impairments, or those who are intoxicated are not able to consent.
No legal justification. If you’re a police officer or nurse, you may have the authority and legal justification to restrain someone against their will under certain circumstances. Same with shop owners or security personnel, but only under certain circumstances. Parents also may have legal justification for restraining minor children.

Examples of False Imprisonment in Domestic Violence Cases

False imprisonment charges sometimes come as a surprise do defendants, particularly if no one was hurt or physically restrained at all.

Some examples of scenarios of false imprisonment in domestic situations:

Grabbing another person and/or blocking an exit so that they cannot leave.
Holding something the other person values without their consent so that they can’t leave (i.e., wallet, keys, pet, child, etc.).
Drugging someone without their consent to restrict their movements.
Locking the car doors during an argument so that a passenger is unable to get out when they want to.
Threatening to hurt someone if they leave a certain location.
Locking someone in a room against their will.

Defenses to Florida False Imprisonment Charges

There are certain defenses to false imprisonment that can be made depending on the relationships between the parties. For example, merchants accused of false imprisonment may detain someone for a reasonable amount of time on suspicion of retail theft. They can only do so long enough to make a reasonable identification, inquire as to whether the person has possession of unpurchased merchandise, and inform a police officer. Similarly, parents and caregivers can defend against claims of false imprisonment where children under 17 are concerned where they are responsible for assuming control of the child’s welfare.

But in the context of domestic violence, some common defenses to false imprisonment charges in Florida: Continue reading

December 15, 2022

How Do I Bail Someone Out of Jail in Fort Lauderdale?

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

“I got arrested. I need you to bail me out.”

When you’re loved one has just been arrested in Fort Lauderdale, those words can make you feel as if you’ve just had the wind knocked out of you. Likely, you have lots of questions. But as our Fort Lauderdale defense lawyers typically advise, it’s best to not to ask for too many details over the phone while they’re still in jail, as they’re likely on a recorded line. The first order of business is figuring out how to bail them out as soon as possible.

What Exactly is Bail? Is it the Same as Bond?

The whole principle of bond is to assure that the defendant will return to court to answer for the allegations against them, rather than lose the money the court is holding in exchange. Note: The terms “bail” and “bond” tend to be used interchangeably. They’re similar, but bail is money given to the court, while bond is a loan the defendant or third party takes out to pay that bail.

Sometimes, defendants are given a summons – meaning they aren’t arrested or booked and do not need to pay any bail. Instead, they are released on their own recognizance and given a court date for which they are expected to appear for (or have a defense lawyer appear on their behalf). Other defendants may be booked, but then released on their own recognizance with a summons to appear in court. Others may be booked and then given an amount right away.

How Is Bail Amount Decided in Florida?

Each county in Florida has its own bond schedule. The bond schedule for the 17th Judicial Circuit in Broward County lists the following standard convenience bond schedule, depending on the type of offense:

Second degree misdemeanor: $25
First-degree misdemeanor: $100
Third-degree felony: $1,000
Second-degree felony: $3,500
First-degree felony (non-life): $7,500
First-degree felony (life): No bond
Capital offense: No bond

The exact amount can vary depending on the specific charge, and if the alleged offenses were attempts or solicitations (in which case, bond amount may be lower) or if the crime is one of violence (in which case, bond may be higher). Some offenses, like domestic violence, require the court to hold a hearing before bond can be issued. If the offense for which the defendant is arrested involves a violation of a protection order, they may be denied bond altogether and be held until trial. If a defendant is charged with several offenses arising from the same incident, the scheduled convenience bond will be set at the amount for the most serious offense.

By law, defendants are entitled to a bail hearing within 48 hours of arrest. However, that does not mean they’re guaranteed to be granted bail or released at all.

The process and cost for bailing or bonding someone out of jail can depend on: Continue reading

December 11, 2022

Can You Be Convicted of a West Palm Beach DUI if You Refuse a Breathalyzer Test?

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

In Florida, breathalyzer tests are one of the most common tools used by law enforcement officers to glean proof of the blood-alcohol concentration of a motorist suspected of driving under the influence (DUI), in violation of F.S. 316.193. But can you refuse to take the test? Can you be forced to take one? If you refuse, can you still be convicted?

Short answers:

Yes – but not without consequences.
No – though officers can initiate a non-consensual blood draw in some circumstances.
Yes – because breathalyzers aren’t the only relevant evidence in Florida DUI cases.

Implied Consent in Florida

As our West Palm Beach DUI defense attorneys can elaborate, Florida has an implied consent law (F.S. 316.1932). This law states that anyone who accepts the privilege of operating a motor vehicle in this state is deemed to have given consent to submit to an approved chemical or physical test administered by authorities for the purpose of determining the alcoholic content of his or her blood or breath. The test must be incidental to a lawful arrest, administered by a law enforcement officer who has reasonable cause to believe the person was driving or in actual physical control of the vehicle while under the influence of alcohol.

Reasonable suspicion of a DUI can include things like:

A driver traveling far below the speed limit with road conditions that don’t justify it.
A driver who is swerving or operating the vehicle erratically.
Failure to obey traffic signals.
High beams kept on despite incoming traffic.
No headlights on at night or at other times of low visibility.
Tailgating/following too closely.
Frequent stops or braking for no apparent reason.
Illegal turns.
A driver nearly hits an object, other cars, or pedestrian.

As to whether it’s better to submit or refuse, there are pros and cons to each. Refusal to submit to testing under the state’s implied consent law will result in an automatic one-year license suspension, and your refusal can be used against you in criminal court. That said, refusal effectively deprives prosecutors of a key piece of evidence that can be used against you in the DUI criminal case.

It’s worth noting that if you do choose to submit, there is an extensive history of technical problems associated with the Intoxilyzer 8000 (the machine most commonly used to administer roadside breath tests). Much of it comes down to human error and improper training on how to use the device to glean effective BAC results. These facts might be used by South Florida DUI defense lawyers in challenging the BAC results.

Florida DUI Convictions Don’t Require Breathalyzer Results

December 5, 2022

Fighting to Dissolve a Florida Domestic Violence Injunction – Even Decades Later

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

A Florida domestic violence injunction has the potential to significantly impact the respondent for years to come. An injunction will show up on background checks, impacting your ability to obtain certain types of employment, travel freedoms, clearance for certain government jobs, and your right to own a firearm and ammunition. Any violations are considered criminal and can result in arrest and prosecution.

Once you have a permanent domestic violence injunction against you, it can last indefinitely – removable only if you petition the court and successfully prove a material change in circumstances that removes the claimant’s previously reasonable continuing fear of becoming a victim of domestic violence. Filing a motion with the court asking for dissolution of a Florida domestic violence injunction is best done with the assistance of an experienced domestic violence defense attorney.

As illustrated in the recent case of Bak v. Bak before Florida’s Fourth District Court of Appeals, fighting for dissolution of a domestic violence injunction can take years – decades, even. But the fact that it’s still worth it to do so even after all those years just goes to further underscore the importance of putting up a strong defense against having them issued in the first place.

The Bak case goes all the way back to the summer of 1999, when the former wife alleged her then-husband was abusive toward her. The judge granted a temporary injunction (which isn’t difficult to obtain in Florida, as it only requires testimony and evidence from the petitioner). A couple weeks later, a permanent injunction was filed, and the pair divorced shortly thereafter.

Thirteen years passed. In 2012, the husband asked the court to have the injunction dissolved, arguing that changed circumstances had made it equitable to do so. As noted by the court, success in this argument would require the moving party to show that the scenario underlying the injunction no longer exists so that continuation of the injunction no longer serves a valid purpose (as pointed out in the 2011 Fla. 1st DCA case of Alkhoury v. Alkhoury). The request was denied. Two years later, he again requested an end to the injunction – and was again denied. In that ruling, the judge cited the ex-wife’s reasonable continuing fear based on the fact that their minor child still lived at her home. Another five years passed. He filed a third request to have the Florida domestic violence injunction dissolved. Again, the trial court denied his request. But instead of accepting this decision as final, he appealed – and prevailed.

According to the 4th DCA, the former husband made a number of compelling arguments, including: Continue reading

November 30, 2022

Why Should I Hire a Broward Defense Lawyer for a Misdemeanor?

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

Most folks know that misdemeanors are “minor” offenses (at least in comparison to the more serious felony tier of crimes). However, that doesn’t mean the impact on your life will be minor.

In fact, you can face heavy fines, jail time, and reverberating effects in other areas of your life that have the potential to plague you for years to come.

If you are arrested for a misdemeanor offense in Broward County, it’s important to invest in legal counsel. Our primary goal is usually for our client to walk away without a conviction, but even when that’s not possible, a skilled criminal defense lawyer can help negotiate the charges down to a lesser offense, fight for reduced penalties, and soften the impact on your daily life.

Florida Misdemeanor Penalties

Under the umbrella of misdemeanors, there are two tiers of severity:

First-degree misdemeanors. The maximum penalties for 1st degree misdemeanors in Florida are punishable by up to one year in prison, a maximum fine of $1,000, or both.
Second-degree misdemeanors. The maximum penalties for 2nd degree misdemeanors in Florida are punishable by a maximum 60 days in jail, a fine of up to $500, or both.

(There are also non-criminal violations that are typically issued via citation that carry possible fines and other penalties, but usually no jail time.)

Penalty schedules for misdemeanor and felony offenses are laid out in F.S. 775.082 and schedules are spelled out in F.S. 775.083.

But it’s possible your penalties could even exceed this if certain enhancements apply. This could happen because of aggravating circumstances (you used a gun, the alleged victim was a minor, etc.), you have prior convictions, etc. In some cases, first-degree misdemeanors can be leveled up to third-degree felonies – meaning all of the sudden, you’re facing the possibility of five years in prison and a $5,000 fine.

In addition to this, judges can require completion of costly diversion programs, community service, house arrest, substance abuse treatment and monitoring, loss of driver’s license, etc. Depending on your circumstances and the nature of the offense, a misdemeanor charge or conviction can have a ripple effect on your life – in a pending divorce case, child custody issue, an immigration matter, or with your professional license. You could also be kicked out of school, be disqualified for certain loans, and passed over by certain landlords.

All of this is why hiring a Broward criminal defense lawyer to represent you with your misdemeanor is imperative. The State of Florida does provide you with legal counsel if you cannot afford one yourself – but only if you are facing the possibility of jail time. And while there are many dedicated, experienced lawyers working for the public defender’s office, the amount of time and resources they dedicate to your case is likely to be less than what a private lawyer can devote. When we’re talking about your future, that’s not something you want to skimp on. Continue reading

November 17, 2022

5 Possible Defenses to Fort Lauderdale Domestic Violence Charges

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

If you are arrested for domestic violence in Fort Lauderdale, there is no one-size-fits-all defense solution. That said, there are some strategies that are commonly used because they have proven effective in many cases.

When you hire a defense lawyer, you can generally trust they are going to carefully examine the police incident report, arrest affidavit, and any existing evidence to begin formulating their legal approach.

Some questions we may ask in our initial review of the facts:

November 10, 2022

Arrested for Miami Domestic Violence? What to Expect at Your First Appearance.

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

A first appearance in court following a Miami domestic violence arrest can be nerve-wracking. It’s important to keep a cool head and educate yourself on what to expect – and what will be expected of you.

While many of the procedural aspects of a first appearance on a Florida domestic violence charge are similar to what one would expect in any other criminal matter of a similar severity, there are a few differences about which you’ll want to be aware.

Our Miami domestic violence defense lawyers will start though by outlining the purpose and basics of any first appearance in a Florida criminal court.

Purpose & Expectations of First Appearance

The main point of a first appearance – in Florida and most other states – is to:

Formally serve the defendant with the charges they are facing.
Inform the defendant of their right to an attorney. If you’re financially unable to afford a lawyer, the court can appoint one to you. (This only applies in cases where you’re potentially facing jail time – which is most domestic violence charges.)
Inform the defendant that they are not required to say anything, and that anything they do say can be used against them.
Inform the defendant of their right to communicate with counsel, friends, or family, and if needed, provide the reasonable means to do so.
Inform those facing felony charges of their right to a preliminary hearing.
Sets the defendant’s bond (if applicable) and pretrial release conditions.

Typically, it’s over in a space of about 15 minutes. It can go faster if the judge has determined prior to the first appearance whether the defendant can afford a lawyer and if not, whether one should be appointed by the court. Continue reading

November 5, 2022

Can I Argue Self-Defense in a South Florida Domestic Violence Case?

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

Florida has strong and well-established “stand your ground” self-defense laws. But can you successfully argue self-defense in a South Florida domestic violence case?

The short answer is: Yes – but you better have solid evidence.

As our Broward County domestic violence defense lawyers can explain, there are a number of state laws pertaining to self-defense and how it should be applied in Florida criminal cases. Most of these can be found in Chapter 776 of Florida Statutes, which outlines the criteria for Justifiable Use of Force.

Among these:

F.S. 776.102, Use or threatened use of force in defense of person. This statute holds that a person can be justified in threatening to use force or actually doing so against someone else when he/she reasonably believes that doing so is necessary to defend themselves against the other person’s unlawful use of force. However, they can’t use deadly force for this purpose – unless he/she reasonably believes that doing so is needed to halt imminent risk of death or serious injury to themself or someone else. In both cases, there is no duty to retreat before using or threatening to use such force.
F.S. 776.013, Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm. This provision states a person who is lawfully inside a dwelling or residence doesn’t have a responsibility to retreat if they feel threatened in that space. They can stand their ground and use force or threaten to use force. As for the degree of force, it can only be deadly if the person has a reasonable belief that they must do so in order to prevent imminent death or great bodily harm to themselves or another person OR to prevent the imminent commission of a forcible felony.
F.S. 776.031, Use or threatened use of force in defense of property. A person can use or threaten to use force against someone else when and to the extent that individual believes doing so is necessary to prevent or terminate another person’s trespassing on personal property or criminal or tortious interference with personal property in their possession (or in possession of an immediate family/household member). Force can only be deadly if one reasonably believes using it is needed to stop the imminent commission of a forcible felony. (Forcible felonies are those that involve the use of physical force against another human being.)

If you’ve used justifiable force, then you would not be subject to prosecution. However, there is another provision worthy of consideration if the underlying circumstances involved an allegation of domestic violence:

F.S. 776.041, use or threatened use of force by aggressor. Use of force won’t be considered justifiable if the person accused was either attempting to commit, committing, or escaping after the commission of a forcible felony OR that individual initially provoked the use or threatened use of force against themselves. (There are exceptions to the latter half if the use of force was so great they believed themselves in danger of imminent death or serious injury or they’d exhausted every other reasonable means to escape such danger OR they tried in good faith to withdraw from physical contact and indicates clearly their desire to withdraw/terminate use or threatened use of force.)

Risks of a Self-Defense Argument in a Florida Domestic Violence Case