domestic violence defense lawyer

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

September 30, 2024

Can a Broward Domestic Violence Charge Be Dropped?

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

One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”

While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.

While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.

Can Domestic Violence Charges Be Dropped?

In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.

Prosecutorial Discretion

Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.

Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.

The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.

The prosecution can rely on other forms of evidence, such as: Continue reading

August 8, 2024

Character Witnesses Key in Broward Domestic Violence Cases

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

Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.

It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.

Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.

Character Witness Role

Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.

Character witnesses are most commonly: Continue reading

June 6, 2024

When is Fort Lauderdale Domestic Violence a Felony? Broward Defense Lawyer Explains.

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

When it comes to Fort Lauderdale domestic violence offenses, there is not a single charge that encompasses all. Domestic violence incidents are not a monolith. Neither are the potential criminal charges they carry. As a longtime Broward domestic violence defense lawyer, I can explain in a bit more detail the different types of Florida domestic violence charges, and when they cross the line from misdemeanor into felony territory.

Difference Between a Misdemeanor and a Felony

Felonies and misdemeanors are two classifications of crimes that differ in severity, procedure, and punishment.

In general, misdemeanors are less serious (but that doesn’t mean they aren’t serious or worth the investment of a vigorous defense). It carries a maximum incarceration of one year, to be served at a city or county jail. You may have heard that you are entitled to a defense lawyer if you cannot afford one, but that is not true in Florida unless you are facing the possibility of incarceration. But jail time isn’t the only penalty that matters – particularly when we’re talking about a domestic violence conviction. You could lose your right to own a firearm, be excluded from certain employment and housing opportunities, and have the permanent stain of a violent crime on your record.

Felony offenses are considered more serious. They involve the potential for more than one year of incarceration, to be served at a state prison. That doesn’t mean you absolutely will be sentenced to a year or more, but the possibility is there, particularly with crimes of violence. Additionally, felony convictions may permanently bar you from ever owning a gun, voting, job and housing opportunities, some federal assistance programs, and more.

If the offense, misdemeanor or felony, involved an element of sexual violence, those convicted may have post-incarceration and post-probation/parole requirements, such as registering their residence with the government – information that will be available to the public.

Understanding Domestic Violence Laws

February 3, 2024

Defense Attorney Richard Ansara Quoted by Sun Sentinel on Proposed Florida Stalking Law

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

South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

January 4, 2024

Palm Beach Domestic Violence Defense Lawyer Explains “Prior Bad Acts” Evidence

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

When it comes to criminal allegations, judges are generally reluctant to allow consideration of a defendant’s “prior bad acts.” The reasoning here is pretty straightforward: Providing proof of previous misconduct has the potential to poison juror perception of the defendant, leading to potentially unfair outcomes.

The fear is that a conviction will be based on evidence that the defendant committed a different crime besides the one being charged. Similarly, there is concern that jurors may be swayed to convict someone on the basis that they’re a “bad person,” rather than on solid evidence of a crime.

Why is this more of an issue in Florida domestic violence cases? As a Palm Beach domestic violence defense lawyer can explain, courts are more likely to allow evidence of prior bad acts in domestic violence cases than in others.

Prior Bad Acts Reflect Poorly on Defendant

Prior bad acts are generally only admissible when they are relevant and necessary to establish motive, intent, mistake, identity or a common scheme/plan. Domestic violence cases often turn on issues of credibility (he said/she said), particularly if an alleged victim recants. In these cases, introducing evidence of prior violence can make a huge difference between conviction and acquittal.

Such evidence can be used to: 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

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

October 15, 2018

Florida Domestic Violence Trial: Must the Victim Testify?

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

In a single recent year, Florida law enforcement agencies received 105,700 reports of domestic violence. More than half of those, 63,200, resulted in an arrest. It’s known to be a relatively under-reported crime, but there are a fair number of cases that go to trial wherein the alleged victim refuses to cooperate or testify. It is a myth that prosecutors cannot move forward on these cases or that they cannot sometimes win them. It often depends on the independent evidence available – and the strategy employed by your Florida domestic violence defense attorney.

Let’s consider the case of Baker v. State, an appeal before Florida’s Second District Court of Appeal back in 2007. Defendant had been convicted of felony battery for accusations that he attacked his girlfriend, who had called 911 to report the defendant had bitten her and took her phone “and stuff.” She said she did not require medical attention. A police officer was dispatched, observing and photographing what appeared to be a small bite mark on victim’s arm.

Would this be enough to secure a conviction? Continue reading

June 10, 2016

Florida Domestic Violence Arrest of Former NFL Linebacker’s Wife

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

We hear so much these days not only about domestic violence in general, but also about instances of abuse allegedly carried out by sports stars – and football players in particular.

According to a USA Today database of NFL player arrests – 821 in total – dozens are for domestic violence, including Denver Broncos’ Montee Ball in February (for allegedly striking his girlfriend in the face), Kansas City Chiefs’ Justin Cox (twice arrested for domestic violence in eight months), San Francisco 49ers’ Raymondo McDonald (allegedly assaulting a woman holding a baby), Detroit Lions’ Rodney Austin (accused of pushing the mother of his child and damaging her phone), 49er Bruce Miller (accused of misdemeanor domestic violence battery).

Those incidents occurred just within the last 12 months. It was so bad in recent years that in December 2014, the NFL announced a new domestic violence policy that includes a more extensive list of prohibited conduct, counseling and services for victims and families, independent investigations and a baseline suspension of six games for any violations that involve assault, battery, domestic violence, dating violence, child abuse or sexual assault. Continue reading