Fort Lauderdale Criminal Attorney Blog

August 22, 2022

Non-Fatal Strangulation in Florida is a Felony Domestic Violence Offense

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

Non-fatal strangulation involving intimate partners is seen as a bright red flag foreshadowing the risk of domestic violence homicide. In one analysis published in the Journal of Emergency Medicine, 60 percent of those who experience domestic violence are strangled during the course of that relationship. If the person loses consciousness, they risk death within one-to-two days due to strokes, aspiration, and blood clots. A person who is strangled once is 800 percent more likely to become a victim of homicide by their partner.

For these reasons, as our Fort Lauderdale domestic violence defense lawyers can explain, Florida prosecutors and the courts are going to take an allegation of domestic violence strangulation very seriously. If convicted, you will be facing substantial penalties, including the possibility of years behind bars.

If you are accused of domestic violence strangulation in Florida, it is imperative that you immediately get in touch with a criminal defense attorney. A lawyer will work to inform you of your rights and obligations, protect you from unwittingly harming your case, and swiftly identify any violation of rights that may impact the strength of the state’s evidence against you.

What is Domestic Violence Strangulation?

Under Florida law, domestic battery by strangulation, as defined in F.S. 784.01, is a felony offense. It’s a charge that can apply when a person commits domestic battery while knowingly, intentionally, and against the will of the other person impedes the normal breathing or circulation of blood of a person, so as to create great bodily harm while applying pressure on the throat or neck or by blocking the nose or mouth. The victim in these cases is a family or household member, a romantic partner (current or previous) or someone with whom you share a child.

This offense is considered a third-degree felony. Although that is technically the lowest level of felony, it still carries potential penalties of up to five years in prison PLUS five years of probation PLUS $5,000 in fines – not to mention restrictions on firearms possession and mandatory batterers’ intervention courses (which you must pay for). If there are aggravating circumstances, such as use of a deadly weapon or a victim who is a minor, the charge could be bumped to a second-degree felony, which carries a maximum penalty of 15 years in prison. This is also true if the alleged victim suffers serious or lasting injury or death. Those with prior criminal records will likely face more significant penalties as well.

It’s important for anyone facing a Florida charge for domestic violence strangulation to understand that prosecutors are aggressive when it comes to this charge. They will be pressing the courts for extended periods of prison time and probation oversight. Even if this is the only time you’ve ever been in trouble with the law, you can expect that they are going to try to throw the book at you. And because this is a domestic violence case, it doesn’t matter if the alleged victim wants to “drop the charges.” They don’t have the authority to do so. Only the prosecutor does. This is another reason you need to have an attorney with specific experience in domestic violence cases representing you.

Failure to Seek South Florida Domestic Violence Attorney Help Can Hamper Your Case

This is a charge that will substantially impact you for the rest of your life if you’re convicted. Continue reading

August 15, 2022

New U.S. Gun Law Targets “Boyfriend Loophole,” Impacting Florida Domestic Violence Convicts

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

A Florida domestic violence conviction can carry many substantial, long-lasting consequences – not the least of which being restrictions on the Second Amendment right to bear arms. This is why it’s so important to work with an experienced Fort Lauderdale criminal defense lawyer from the very start of your case. Even if the evidence seems stacked against you, we may be able to deploy legal strategies that could reduce the charges or lessen the impact.

The high stakes of these cases were recently underscored in the Congressional action to close the so-called “boyfriend loophole” in gun legislation.

Federal law prohibits anyone convicted of domestic violence in Florida or in any other state from possessing guns. However, that provision was only applicable to individuals who were married to, lived with, or had a child in common with the alleged victim. People who were merely dating (not married, living together, or raising a child together) were not subject to this federal provision.

The new bipartisan gun law changes this, closing the “boyfriend loophole.” Proponents of the measure say this was necessary, given that people spend much more time dating now than they did in the past, carrying on romantic relationships for years or even decades without officially tying the knot.

Additionally, the new federal law allows for expanded background checks on young adults purchasing firearms and gives authorities the power to access certain juvenile criminal records. Lastly, the law allows states to use federal funding to enact and enforce “red flag laws” that give authorities the right to remove guns from anyone they suspect may be a harm to themselves or others. This could potentially be someone accused of domestic violence in Florida.

As it stands, 31 states have some rule on the books barring those convicted of domestic violence from possessing guns. Of those, 19 do cover dating partners convicted of domestic violence. Florida does not have any such provision in its laws, so the new federal law will have a direct impact. Those with misdemeanor convictions who have stayed out of trouble for five years may be able to have their gun rights restored. However, there are exceptions for spouses, parents, guardians or co-habitants – all of whom may still face lifetime firearm restrictions.

Florida Domestic Violence Penalties

August 3, 2022

When is Florida Domestic Violence Charged as a Federal Crime?

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

Florida domestic violence cases are typically handled at the state level by local police and state attorneys’ offices. However, as our Fort Lauderdale defense lawyers can explain, there are some circumstances under which one can be charged federally.

Some circumstances under which Florida domestic violence may be pursued by federal authorities include:

Crossing a state line to physically injure an intimate partner. An intimate partner can be someone like a spouse, former spouse, someone with whom you share a child, or a person who lives or used to live with you.
Crossing a state line to stalk or harass an intimate partner.
Crossing a state line to violate a qualifying protection order.

As noted by the U.S. Department of Justice, these are all federal crimes that fall under the regulations of the Violence Against Women Act. One may also be found guilty of a federal crime under the Gun Control Act if they possess a firearm or ammunition while subject to a qualifying protection order OR they possess a firearm/ammunition after conviction of a qualifying misdemeanor crime of domestic violence.

All federal domestic violence crimes are felonies. Some may be more serious than others if there are aggravating circumstances (i.e., a deadly weapon or minor involved). But if your domestic violence case is being handled by federal authorities, you should take note that you’re facing very serious charges and consequences. It is imperative that you hire an experienced Fort Lauderdale defense lawyer who has a track record of successfully defending other clients accused of the same offenses in the same jurisdiction.

Recently, a Florida woman was sentenced to 16 years in federal prison for a conviction of interstate domestic violence involving both a weapon and a minor. Continue reading

July 15, 2022

3 South Florida DUI Myths Busted by Broward DUI Defense Lawyers

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

More than 32,000 people are arrested for DUI in Florida every year, with about 2,100 of those being in Broward County. But despite its frequency, many Broward DUI defense lawyers will tell you that misconceptions about drunk driving arrests are rampant. Unfortunately, few people know their rights and what they should (and should not) do if they’re stopped in traffic for suspected drunk driving.

Here, our Broward DUI defense lawyers bust some of the most common South Florida DUI myths.

Myth 1: Refusing to Answer Police Questions Can Make You Look Guilty.

June 15, 2022

What Parents Should Know About Florida’s Sexting Laws

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

In the experience of our Fort Lauderdale criminal defense lawyers, many parents are in the dark when it comes to Florida’s sexting laws. In fact, a fair number aren’t even aware of the definition, let alone that their teens may be engaging in it.

Sexting in general refers to the exchange of sexual content material via technological devices. It’s a term deriving from the words “sex” and text.” By some measures, approximately 1 in 5 teens have engaged in sexting. While males are more likely than females to engage in sexting, females are more likely to send nude photos of themselves. Most of these are to a boyfriend or girlfriend. But even minors could find themselves facing serious criminal charges in Florida for sexting. In some respects, it is treated as akin to child porn. Consequences can include prison time and requirements to register as a sex offender.

If you’re a parent of a teen, it’s imperative that you educate yourself on what sexting is, what the law says, and how your child can protect themselves from legal trouble.

Florida Sexting Law

Where two consenting adults are involved in sexting, there is no crime. (Consent, however, should be explicit from both sides. Additionally, be certain you know your partner’s true age, as you can be held responsible even if your partner lied about their age. Further, even if sending/receipt of such material between adults is consensual, it can cross the line into revenge porn – also known as sexual cyberharassment, per F.S. 784.049(3) – if the receiving party willfully and maliciously forwards material to third parties without the consent of the initial sender.)

Sexting is considered a serious crime when it involves:

Lack of one party’s consent.
A minor (under 18).

Specifically, F.S. 847.0141 prohibits explicit exchanges of photos, videos, voice notes, and sexual texts between two minors AND between an adult and a minor.

Minors can be charged with sexting if they use a cell phone, tablet, computer, or other electronic device to send nude videos or photos to another minor. The other minor possession of those images could be charged with sexting, but may defend against the charges if they:

Did not solicit/ask for the photo.
Did not forward to a third-party.
Took steps to report it (to a parent, school, or law enforcement authority).

May 1, 2022

Understanding Florida Criminal Sentence Enhancements for Prior Felony Offenders

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

Florida law imposes minimum mandatory sentences for certain serious or violent offenses. However, even someone who is convicted of a less serious offense may face severe penalties – if they had a prior conviction.

In fact, the state legislature imposes several categories of sentencing enhancements for repeat offenders, which include:

Habitual felony offender
Habitual violent felony offender
Violent career criminal
Prison releasee reoffender

As our Fort Lauderdale criminal defense attorneys can explain, anyone previously convicted of a crime who now stands newly accused must take the potential consequences seriously. Investing in quality legal representation is an imperative when the stakes are so high for your freedom and future. Continue reading

April 1, 2022

Can Florida Marijuana Possession Still Equal a Felony?

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

With the proliferation of marijuana legalization across the country in recent years, one might be forgiven for thinking Florida marijuana possession is entirely legal. But in fact, as our Fort Lauderdale criminal defense lawyers can explain, that is not exactly true.

In fact, even as some municipal and county governments have decriminalized marijuana possession (to a certain extent), it still has the potential to rise to the level of a felony. Much depends on where you are, the amount of cannabis involved, and whether there is evidence it was intended for more than mere personal use.

If you are arrested for any marijuana-related charges, it is wise to recognize the severity of possible consequences and hire an experienced criminal defense lawyer. Although it depends on the circumstances, a skilled attorney can often successfully argue to have such charges reduced or dropped entirely. Unfortunately, many people arrested for marijuana – or any drug-related offenses – tend to simply plead no contest, perhaps not realizing that the mark will remain on their permanent record, potentially impacting future employment, education, and housing opportunities.

Will I Always Be Arrested for Marijuana Possession in Florida?

No. Unlike just a few years ago, simple possession of marijuana doesn’t always end in arrest. Even when it does, chances are it will be a misdemeanor-level offense.

But people make the mistake of presuming misdemeanor means no real impact on their life. But a first-degree misdemeanor can carry up to 1 year of jail time and a fine of up to $1,000. Continue reading

March 1, 2022

Broward Defense Lawyer Breaks Down Florida Criminal Case Process

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

Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential.

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

February 1, 2022

Do Broward Criminal Defense Attorneys Get Paid if You Lose?

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

If you’re searching Broward criminal defense attorneys for hire, you’re likely wondering how much it’s going to cost. You’ve probably heard at least one attorney advertisement with the phrase, “We only get paid if you win.” Important to note: This does NOT apply to criminal defense lawyers – and for good reasons, which we’ll explain more later.

However, those with limited financial resources still have options.

If you’ve been arrested in Fort Lauderdale, it’s important to both carefully plan your next move and try your best to stay within budget. The right attorney can help you do that. Attorneys are ethically bound to only charge “reasonable” fees for their services. If their charges are excessive, they could face action from the state Bar Association.

Here, we’re going to break down how payments to Florida criminal defense lawyers work and what you can expect when hiring an attorney.

Your Right to Free Counsel

Most people have heard the phrase, “You have the right to an attorney… If you cannot afford one, one will be provided for you at no cost…”

This is part of the “Miranda Warning,” a required statement made prior to custodial interrogations (questioning that occurs after police have arrested or detained someone). However, people mistakenly assume that this right to free legal counsel applies to all criminal defendants. It does not.

Let’s start with the fact that the Sixth Amendment to the U.S. Constitution is what gives criminal defendants the right to counsel – regardless of whether they can afford it – in federal prosecutions. However, most criminal prosecutions in Florida occur at the state level, pursued by state-level prosecutors, who are referred to as state attorneys. The right to counsel was not applied to state prosecutions for felony offenses until the 1963 U.S. Supreme Court ruling in Gideon v. Wainwright. The incorporation doctrine applied this right to state felony cases, but it does not apply for certain misdemeanors.

In Florida state-level prosecutions, you do have the right to a state-appointed criminal defense lawyer if:

You are facing jail time AND
You cannot afford one on your own.

If you can afford to hire your own lawyer, it’s a good idea to do so. We have known excellent criminal defense lawyers working for the Florida Public Defender’s Office. However, they are often carrying heavy caseloads, and may not have a great deal of time to dedicate to your case. Hiring a private criminal defense lawyer is typically to your advantage.

It’s a common misconception that because you aren’t appointed a criminal defense lawyer that you don’t need one. While lower-level misdemeanors may not involve jail time, a conviction can often have a significant impact on your life – one that a qualified criminal defense lawyer can work to substantially mitigate. It is typically to your advantage – financially and otherwise – to hire a Broward criminal defense lawyer even for misdemeanor cases.

Why Can’t Florida Criminal Defense Lawyers Be Paid on a Contingency Fee Basis?

The phrase, “We don’t get paid unless you win” refers to a contingency fee arrangement with an attorney. Continue reading

January 1, 2022

Fort Lauderdale DUI Misconceptions & Misunderstandings

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

When it comes to Fort Lauderdale DUI arrests, our criminal defense attorneys have heard numerous misconceptions and misunderstandings – and it can cost people bigtime in court.

Florida DUI misconceptions are frequently the result of people combing the internet in an attempt to “do their own research” about their situation. The internet contains a great deal of good information (this site, for example), but there’s also a lot of junk. Plus, every case is going to be different. It’s impossible to say how the law may apply to the specific circumstances of your case unless/until you speak with an experienced local criminal defense lawyer who can assess the facts of your case, and then carefully apply it to state law, local ordinances and common local judicial practices.
Fort Lauderdale DUI defense lawyer

Here, we outline some of the things people most often get wrong about DUI arrests and the criminal justice system process: Continue reading