Fort Lauderdale domestic violence defense

October 20, 2024

Importance of Evidence in Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges are among the most serious criminal allegations one can face in Fort Lauderdale, often carrying severe legal and personal consequences. A conviction can lead to jail time, fines, mandatory counseling, loss of child custody, and even restrictions on where you can live or work. Because of the high stakes involved, building a strong defense is critical—and that defense often hinges on the quality and use of evidence.

As a Fort Lauderdale criminal defense attorney, I have seen firsthand how evidence can make or break a Broward domestic violence case. Here, we’ll detail the different types of evidence that can be used in Florida domestic violence cases and discuss various defense strategies, as well as why it’s essential not to make any statements to the police unless or until your attorney is present.

Types of Evidence in Broward Domestic Violence Cases

Domestic violence cases can involve a variety of evidence, ranging from witness testimony to physical evidence. The more comprehensive and reliable the evidence, the stronger your defense can be. Here are some common types of evidence used in these cases:

Physical Evidence: This can include photographs of injuries, damaged property, or any objects used during an alleged incident. For example, bruises, cuts, or torn clothing may be presented by the prosecution as evidence of violence. However, defense attorneys can challenge the timing or cause of these injuries, showing that they may not have been the result of domestic violence.
Witness Testimony: Witnesses can include neighbors, friends, or even children who were present during the alleged incident. Their testimony can support either side’s version of events. In some cases, the alleged victim’s testimony might contradict earlier statements, which can be used to discredit the prosecution’s case.
Police Reports: When law enforcement arrives at the scene, they create a report detailing what they observed and the statements made by the parties involved. While this can be damaging evidence, police officers can make errors in their reports or misunderstand what took place, which a skilled defense attorney can point out during the trial.
911 Recordings: Calls to 911 are often used in domestic violence cases to establish the timeline of events and the urgency of the situation. However, these calls are made in the heat of the moment, and they may not fully or accurately reflect what occurred. A defense attorney can question the clarity and accuracy of these recordings.
Medical Records: If the alleged victim seeks medical treatment, their medical records may become part of the evidence. These records might show the extent of injuries, but they can also be used to demonstrate inconsistencies if the injuries do not align with the alleged events.
Character Evidence: In some cases, defense attorneys use character witnesses to show that the accused does not have a history of violence and is generally peaceful and responsible. This can be particularly useful in cases where the alleged victim’s credibility is in question.

Strategies for Building a Strong Defense

Building a robust defense in a Fort Lauderdale domestic violence case requires a thorough investigation and strategic use of evidence. Some useful strategies include: 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

March 20, 2024

“How Much Jail Time Will I Get for Domestic Violence in Florida?”

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

For those arrested for domestic violence in Fort Lauderdale, one of the first questions is, “How much jail time will I get?”

As Broward domestic violence lawyers, it’s impossible to say for certain without examining the specifics of your case, but what we can say is this:

You will probably be held in jail at least until your first appearance – even in misdemeanor domestic violence cases. Ideally, that first appearance is within 24 hours of the arrest, though it can take longer if the arrest occurred early in the weekend or right before a holiday.
You will likely be granted the opportunity to be released on bail. However, your release will probably be dependent on a number of special conditions, such as having no contact with the alleged victim, relinquishing possession of any firearms, and possibly GPS monitoring.
An arrest doesn’t automatically mean you’ll be convicted or even charged. Hire a defense lawyer who can engage prosecutors in talks early, presenting factual defenses, legal issues and mitigating circumstances. This can sometimes sway prosecutors early on not to file charges or to file lesser charges – both of which minimizes your risk of jail time.

Now, let’s say you are convicted for domestic violence. You will probably serve some jail time, but the exact amount can vary widely.

One of the reasons for that is that “domestic violence” doesn’t refer to a single crime. It can involve anything from threats, harassment and stalking to kidnapping, sexual battery or felony battery. What differentiates it as an act of domestic violence is the relationship between the two parties. A violent act is considered one of domestic violence if the accuser and accused are family or household members who live together or used to live together as a family OR they share a child together (regardless of whether they ever lived together). Continue reading

March 6, 2023

Why Self-Defense is a Risky Claim in Broward Domestic Violence Cases

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

Although society tends to view domestic violence as a one-sided crime, the reality is often a bit messier than that. It’s not unusual for both sides to be physical with each other. Yet law enforcement in Florida are statutorily urged to identify and arrest just one primary aggressor.

One can argue mutual combat or self-defense in a Broward domestic violence case – but these approaches are risky. As our Fort Lauderdale criminal defense lawyer can explain, self-defense is an affirmative defense – meaning you admit to the accused action, but argue it justified to avoid the legal affect it would otherwise have. Yes, the violent act occurred, but it was reasonably necessary in order to prevent the other person’s imminent use of unlawful force against themselves or someone else. According to F.S. 776.012, there is no duty to retreat. Further, as noted in F.S. 776.103, a person who is in their own home or vehicle is presumed by law to have a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. Of course, in domestic situations, the question will be whether entry was unlawful – which it would not be if the residence is shared.

Florida has relatively strong self-defense statutes that protect one’s right to fight off an attacker in the face of immediate danger. However, courts expect solid evidence of that imminent threat. This is much more straightforward in situations where a stranger enters the home. In cases of domestic violence, self-defense is tougher to prove.

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:

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

June 15, 2021

Consequences of Florida Domestic Violence Arrests, Convictions

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

Florida domestic violence criminal defense requires an attorney with extensive experience and a history of success in these cases. This is especially true considering there are increasingly serious consequences to domestic violence arrest and conviction, even outside of the criminal justice system. The professional damage, for instance, can be substantial.

Recently, a report on the NFL’s evolving response to players’ alleged domestic violence made national headlines, though there isn’t great consistency. In one instance, a Minnesota Vikings cornerback accused of felony assault against his girlfriend hasn’t lost his job. He’s been kept on the roster after being selected in the first round of the NFL draft last year. By contrast, an undrafted offensive tackle from Seattle charged with felony assault was cut from the team the same day. This is despite the fact that he hasn’t even been convicted.

The football league’s approach to domestic violence cases has shifted since the Ray Rice elevator video involving his then-fiancée went viral in 2014. The number of second chances extended to players arrested for domestic violence has been significantly curbed. Prior to that incident, USA Today reported 85 percent of NFL players arrested or convicted in domestic violence cases got second chances from the league. Since the Rice video, that’s been reduced to about half – regardless of whether those individuals were later convicted or cleared. 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

May 1, 2017

Hollywood Police Target Domestic Violence Offenders

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

City police in Hollywood are taking aim at those previously arrested for domestic violence, vowing beefed up penalties and scrutiny – up to and including unannounced, uninvited police checks on individual residences.

The Miami Herald reports the letter, an effort initiated by the city police department’s Domestic Violence Unit, is a way of stopping domestic violence acts that may occur in the future at the hands of designated “C list” violators. The city says it is simply targeting repeat domestic violence offenders with the intent to halt the cycle of repeat abuse. They call this approach “focused deterrence.”

There are many, though, who have been highly critical of this approach – including the Broward Public Defender’s Office, which called the tactic an abuse of power. Essentially, they say, the police are punishing and/ or harassing people for an offense that hasn’t yet occurred and may not ever occur. Continue reading

September 24, 2016

Report: Domestic Violence Incidents Made Deadlier By Greater Availability of Guns

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

It’s estimated that more than 2,000 people die every year in domestic violence incidents in the U.S. Of those who die, more than 70 percent are women and in more than half of all cases, it’s a firearm that is used to carry out the crime.

Although the issue of availability of firearms is a controversial one in this U.S., but there is little denying the fact that the link between firearms and fatal domestic violence is strong. Just living in a state with a higher rate of gun ownership increases a female’s risk of suffering a fatal gunshot wound in a domestic violence, according to Boston University researchers. That study, released in January, indicated that for every 10 percent increase in gun ownership in a state, there was a 10.2 percent increase in gun-related murders of females.

Additionally, while firearms aren’t necessarily the fuel in domestic violence incidents, their presence does increase the lethality of an attack and also increases the number of victims (i.e., children, grandparents, friends, strangers, etc.). This phenomenon was chronicled recently in a comprehensive article by The Trace. Another thing the presence of a firearm does – whether it’s lethal or even fired – is increase the severity of the charges and the possible punishment. Continue reading