criminal defense Fort Lauderdale

December 28, 2024

From Misdemeanor to Felony: How Fort Lauderdale Domestic Violence Charges Can Escalate

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

Fort Lauderdale domestic violence offenses are taken very seriously by police, prosecutors and judges. While most domestic violence cases are misdemeanors, certain circumstances can elevate them to felony status, leading to more severe penalties — including prison, steep fines, and a permanent criminal record. Understanding what factors are more likely to lead to a felony domestic violence case – and the strategies a Broward criminal defense lawyer may use to help chip away at the prosecutors’ case – is important if you or a loved one are facing domestic violence allegations.

How Florida Classifies Domestic Violence Offenses

F.S. § 741.28 explains that domestic violence may encompass a range of offenses committed against a family or household member. This can include a spouse, ex-spouse (previously married), individuals who live together or those who share a child. Such offenses can include assault, battery, stalking, kidnapping, or false imprisonment.

For the most part, domestic violence will be charged as a misdemeanor. However, it can be charged as a felony under the following circumstances:

Prior convictions. A history of previous domestic violence convictions has the potential to bump a new charge up to felony status. A second or subsequent domestic violence battery offense is typically charged as a third-degree felony, which in Florida is punishable by up to five years in prison. Furthermore, per F.S. § 775.084, repeat offenders can face more serious penalties as habitual offenders.
Severe injuries. If the alleged victim was seriously hurt, the domestic violence charge can be bumped up to aggravated battery, which is a second-degree felony, punishable by up to 15 years in prison. What qualifies as “serious”? Often-cited grounds include broken bones, severe lacerations, or permanent disfigurement.
Use of a weapon. Domestic violence that involves the use of a weapon, such as a firearm, knife, baseball bat or other object, often results in a charge of aggravated assault or aggravated battery. Even if you didn’t actually use the weapon, simply displaying it can escalate the charge. Typically this is a third-degree felony, punishable by a maximum of five years in prison.
Allegations of child endangerment. If there was a child present during an alleged incident of domestic violence, prosecutors will sometimes use this to elevate the charge to a felony. Sometimes, this can even lead to additional charges, such as child abuse or child neglect.
Violations of a protective order. If there was an active restraining order that was violated during the alleged act of domestic violence, this is likely going to mean felony charges.

How Fort Lauderdale Defense Lawyers Fight Back

Fort Lauderdale criminal defense attorneys have many strategies to try to minimize odds of conviction, or at least mitigate the potential severity of the penalties imposed. Continue reading

January 15, 2021

Defending Misdemeanor Firearm Charges in South Florida

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

Firearm charges – even misdemeanors – should be taken seriously in Florida. Conviction could have a lasting impact on one’s ability to drive, secure employment and possibly rent in certain locations. As Fort Lauderdale criminal defense lawyers, we are committed to defending the rights of firearm owners who have found themselves facing gun and weapons charges.

A recent Florida transplant from Alabama was charged with several criminal misdemeanors after authorities reported he was driving while impaired with a loaded AR-15 on his lap. The Daily Mail reported the 20-year-old Clearwater resident was arrested for improper exhibition of a dangerous weapon (in violation of F.S. 790.10), drunk driving (in violation of F.S. 316.193). Continue reading

December 14, 2018

Defense Lawyer: Florida Sex On The Beach Can Land You in Prison

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

In Florida, sex on the beach is typically understood as a cheeky, sugary cocktail with peach schnapps. It’s romanticized in a classic scene in the 1950s film, “From Here to Eternity.” However, having actual sex on a beach in Florida can land you in handcuffs (and not in a good way). As a Fort Lauderdale defense lawyer, it seems an important fact to address because locals and tourists alike continue to run afoul of public indecency and lewd lascivious laws – and prosecutors don’t seem intent to cut them any slack.

Most recently, a married couple from Vermont vacationing on Sanibel Island were arrested by police, who had received complaints the pair were naked on the beach. Officers saw the woman naked in the water, summoned her over to them and gave her a towel. The husband walked up and asked why they could not be naked, as “we are all human.” Officers explained Sanibel is not a nude beach, and it’s against Florida law to be on a public beach with no clothing. Witnesses said they pair may have been having sex. The two were arrested on charges of indecent exposure. F.S. 800.03 states it is unlawful to exhibit one’s sexual organs in public (or on private premises so near as to be seen by those on public property) in a manner that is vulgar or indecent. It’s a first-degree misdemeanor, punishable by up to one year in jail. (Mothers breastfeeding babies does not count.)

Although these two were charged with a misdemeanor, Fort Lauderdale defense attorneys have seen prosecutors pursue felony charges for Florida sex on the beach. Continue reading

August 25, 2016

Conflicting Rulings on Red Light Cameras in Florida Courts

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

When it comes to red light cameras, states have come to different conclusions about them. According to the Governors Highway Safety Administration (GHSA), 21 states plus the District of Columbia have laws that permit some form of red light camera use, while 10 states prohibit use of them. Another 19 states haven’t decided one way or the other.

So it makes sense, then, that jurisdictions in Florida haven’t come to a clear consensus either. The state allows the cameras and cities can make up their own minds about how to implement them. The traditional penalty for red light running is $125 and three points on your license. Paying a red light camera ticket will result in a $158 fine, but no points on your license. But now, even the courts have taken sharply different stances on the issue.

In Florida v. Jimenez, Florida’s Third District Court of Appeal has held that the red light camera program in Aventura does not violate a state law that prohibits farming out law enforcement responsibilities to private companies. The issue was whether the review of red light camera footage by the private companies that provide, install and maintain the cameras crosses the line. Personnel for these firms first review the footage and then forward perceived violations to local law enforcement, which also reviews and then decides whether to issue a ticket via mail. Continue reading

March 5, 2016

Law Enforcement Use Technology to Catch Suspects

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

The evolution of technology in recent years is somewhat astonishing. The fact that we all walk around with what amounts to a personal computer and can instantly connect to anyone in almost any corner of the globe is a testament to that.

But don’t think for a second that police haven’t tapped into that potential as well.

Prime example: Recently the Sun-Sentinel reported on a case in which Broward County Sheriff’s Office detectives were able to electronically track a stolen phone to a man and woman who were later arrested for theft.

The pair allegedly stalked the victim as he walked out of a Pompano Beach casino, followed him to a nearby store and robbed him at gun point of his winnings, his wallet, electronics, his backpack – and his iPhone – in the parking lot. In cash alone, the pair reportedly took $11,740. Continue reading