Florida Criminal Lawyer Blog

In typical South Florida fashion, a 24-year-old has made national headlines after being arrested following a domestic violence incident during which he allegedly threw his own feces at his girlfriend, The Palm Beach Post reports.

While some may snicker, lawmakers have not joked around regarding similar incidents. In fact, in Florida, such a violation can result in a charge of aggravated battery in West Palm Beach, a second-degree felony punishable by up to 15 years in prison.

This is a commonly filed charge when inmates try to throw their own bodily fluids at jail and prison guards. Our West Palm Beach criminal defense lawyers understand how serious a charge this is and while strange circumstances, it must be handled like any other criminal case.

According to Florida Statutes 784.045, aggravated battery is when someone uses a deadly weapon or causes great bodily harm, permanent disability or disfigurement in committing a battery. A battery is intentionally striking another person.

In this case, a 19-year-old woman claims that her boyfriend, five years her senior, threw body waste at her during a recent argument. He was also charged with beating her during the same argument, The Palm Beach Post reports.

The 24-year-old was being held on $26,000 bond after being charged with battery, aggravated battery and criminal mischief. According to police, an officer was sent to the couple's home, where the 19-year-old claimed the battery took place. She said he threw waste at her and also hit her with his hands and a bed board.

The news article doesn't provide any details about what evidence the police have to back up her claims. According to The Miami New Times, the report states that the woman declined medical attention, despite a large abrasion on her chest. She was photographed and provided a statement. The man also had a small abrasion on his let arm.

It's hard to imagine that a person could be beaten and hit with a bed board and not suffer permanent injuries that require medical attention. In this case, the woman claims she was the victim, but the man, too, was injured. Simply being arrested doesn't necessarily mean police got the right person.

This is especially true in domestic violence situations. Often, it comes down to one person's word against another's, with little evidence to sway police either way. Whomever identifies as the victim usually is treated as such by officers, who tend to arrest the other person and consider them the suspect.

This can lead to serious charges as shown in this situation. But regardless of what one witness says, the state must have solid proof before they attempt to put someone in prison for a number of years. Our criminal justice system is based on proof beyond a reasonable doubt and that's what the state must have, regardless of the circumstances and the charge.

Continue reading "West Palm Beach Man Arrested For Alleged Feces Battery on Girlfriend" »

A 28-year-old Lauderhill man was arrested in connection with an early morning shooting that claimed the life of a woman and her daughter and injured the man's grandmother in what police are calling a Fort Lauderdale domestic violence incident.

Domestic violence can be classified as a violent episode between family members and usually relates to a husband and wife or girlfriend and boyfriend who get into an argument. But it can also mean a more serious altercation that leads to life-altering injuries. And it can involve children, siblings or distant relatives.

Our Fort Lauderdale criminal defense lawyers have seen where these incidents can start off as minor arguments, escalate to physical fights and then lead to battery charges that carry possible long-term penalties, including prison time, probation, fines and fees, community service and other sanctions.

But simply being arrested and charged with a crime isn't proof beyond a reasonable doubt that the suspect has committed the crime. And that's the standard that is applied to criminal cases. Police officers are able to make arrests with a much lower standard of proof and that's why sometimes charges end up getting dropped by prosecutors before trial.

In this case, a Lauderhill man is charged with shooting his wife and her daughter, killing them both. The alleged incident also ended in the man's grandmother being shot, but not fatally. Police reported that the man was taken into custody without incident in Fort Lauderdale.

According to the Sun Sentinel, Lauderhill police were called to the NW 55th Avenue home because of a shooting. According to the newspaper, officers found a 34-year-old woman and her 19-year-old daughter, home from college, dead. Shot in the arm was a 73-year-old woman who police said was the man's grandmother.

Witnesses allegedly saw the man driving away from the house in a 2000 pickup truck around 6:30 p.m. The couple had been married for about two and a half years and family members said the two had a "hectic" marriage.

Police surmised that the argument started after the 19-year-old said something in response to comments the man made to his wife. Police believe she was killed first. The couple had a 7-year-old daughter together, who was at the home at the time, but was not injured.

The newspaper didn't list what charges the man will face, but it's likely he could face two counts of second-degree murder, a charge of aggravated battery or attempted murder and even a possible count of child abuse.

Perhaps the key facts in this situation will be the credibility of the witnesses who say they saw the man driving away from the house in his truck. It's obvious there will be DNA from the man at the scene because he lived there, so that's not helpful to the state. And if he was at his mother's house miles away when he was arrested more than 10 hours later, police will have to have strong proof that he was in the house at the time of the crime.

Perhaps connecting a weapon in his possession to the bullets fired at the victims would be a key piece of evidence. Without it, it may be difficult for the prosecution to prove its case. While the state sometimes tries to rely on assumptions and circumstantial evidence, this can't be the tactic used in a murder case.

When someone's life is on the line and justice must be done, the state must have solid evidence in order to convince a jury that the suspect is guilty. Anything less is unacceptable. And an experienced Fort Lauderdale criminal defense lawyer will be there to point out the weaknesses in the prosecution's case.

Continue reading "Two Family Members Killed in Lauderhill Shooting" »

How do I Obtain a Restraining Order for
Domestic / Repeat / Dating / Sexual Violence in Broward County?

For information and procedures on obtaining a Restraining Order in Broward County, call the Family Intake Unit at 954-831-5520 between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. They are located at the Broward County Courthouse, 201 S.E. 6th Street, Fort Lauderdale, Florida 33301, Room 248.

You may obtain a Domestic Violence Restraining Order in Broward County against a husband, wife, ex-husband, ex-wife, blood relative residing in the same household or any other person you are, or were, residing with as if family. You may also obtain a Restraining Order in Broward County against a person with whom you had a child, whether you are living together or not.

However, for an act of Repeat Violence in Broward, you may file for a Restraining Order against anyone. There must have been two (2) occurrences or acts of physical or sexual abuse, and one (1) occurrence must have been in the last six (6) months. The Domestic Violence Judge may require you to furnish the police reports as filed.

A dating violence restraining order may be filed by individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past 6 months.

A sexual violence restraining order may be filed for any one incident of sexual battery, lewd or lascivious act committed upon or in the presence of a person younger than 16 tears of age, luring or enticing a child, sexual performance by a child or any other forcible felony wherein a sexual act is committed or attempted.

To obtain a Restraining Order for Domestic Violence in Broward County, you must appear in person, in the Domestic Violence Division in Room 248 of the Broward County Courthouse, 201 Southeast 6th Street, Fort Lauderdale, Florida. Bring your photo I.D. and any relevant police reports.

Continue reading "BROWARD DOMESTIC VIOLENCE LAWYER - How to Obtain a Restraining Order" »

Last week, state official released new statistics showing a decrease in Florida crime of about 11% during the first half of this year compared to the first half of last year. The Palm Beach Post reported that major crime statistics dropped by more than 11% percent, while in Broward County, authorities noted fewer robberies and aggravated assaults.

However, one unfortunate trend that began last year was that while crime is down overall, homicides related to domestic violence actually rose 6%. Last year, the percentage of homicides linked to domestic or dating violence doubled from the previous year.

According to local leaders in law enforcement, the increase may be due to increased stress and pressure due to the economy.

Source: Crime down first half of 2010, but domestic violence-related homicides rise, South Florida Sun Sentinel, October 13, 2010

Continue reading "Florida Criminal Defense Attorneys Discuss New Crime Stats " »

Our South Florida criminal defense attorneys have learned that Florida's crime rate dropped by more 6% last year compared to 2008. Violent crime fell by almost 11%, according to statistics released earlier this week.

This trend played out across South Florida, including Broward, Palm Beach, and Miami-Dade counties. However, a spokesman for the Broward County Sherriff's Office said that while the county's 3% drop is encouraging, domestic violence continues to be an issue for the county. In fact, two recent cases involve men who were arrested in connection with their wives' murders.

Governor Charlie Crist said on Wednesday that crime in Florida has dropped to the lowest level in 39 years. He added that this reflects well on law enforcement officers.

Source: Broward County crime drops, South Florida Sun Sentinel, April 7, 2010

Continue reading "New Stats Show Crime Down in Broward, Palm Beach County" »

Broward County, Florida. Earlier this week in Fort Lauderdale, Dolphins practice squad player Wilfred "Will" Billingsley was arrested on misdemeanor charges of domestic violence battery and resisting arrest. A Broward County judge ordered Billingsley held on $4,000 bail after he allegedly tried to throw his live-in girlfriend out of their Wilton Manors residence.

When police arrived to investigate the domestic dispute, the girlfriend had scratches on her left upper arm and neck, according to police. The 25-year-old football player has been ordered by a domestic violence judge to avoid contact with his girlfriend. The girlfriend was also arrested on a charge of obstruction after police say she interfered with Billingsley's arrest. She was released after agreeing to appear in front of a judge at a later date.

While the girlfriend insists that Billingsley "didn't do anything," the Broward State Attorney's Office said it has a "pro-prosecution policy" towards domestic violence, meaning it reviews all domestic violence cases for prosecution regardless of whether the victim plans to press charges.

Girlfriend says she won't press charges against Dolphins' Billingsley, South Florida Sun Sentinel, October 6, 2009

Continue reading "Fort Lauderdale Domestic Violence Lawyer - Miami Dolphin Player Arrested on Domestic Violence Charges" »

Our South Florida criminal defense attorneys have been following a news story out of Atlanta involving Denver Broncos wide receiver Brandon Marshall, 25.

Marshall's ex-girlfriend Rasheedah Watley had accused him of pushing her on a bed and grabbing her neck. She testified in court that he had assaulted her during several incidents at the condo they shared in March of last year. Her attorneys showed photos demonstrating Watley's face and neck the morning after the alleged fight. Marshall has been arrested at least four times since March of 2006.

A jury of four women and two men acquitted Marshall of domestic violence charges in less than an hour. He missed a game last season after violating the personal conduct policy. Marshall's suspension had been reduced from three games to one.

Denver WR Marshall acquitted, KansasCity.com, August 15, 2009

Continue reading "Football Star Acquitted of Domestic Violence Charges" »

According to a recent article in the Miami Herald, the police department of Davie, Florida is partnering with Women in Distress (a state-certified domestic violence center serving Broward County) to add a new full time position devoted to investigating domestic violence. Davie Detective Mark Brent is a former burglary detective who has been named to this new position. The move is part of a broader initiative to track trends and monitor domestic violence cases more closely.

According to Brent, his new position differs from investigating burglaries because often suspects can't be found. Most domestic violence cases have an identifiable suspect, and the suspect can often be tracked if police respond to multiple domestic violence calls at the same address.

The town of Davis reported 266 cases of domestic violence in the first six months of this year. In 2008, the total was 446, and in 2007, it was 361, so this could signal a dangerous trend. Across the country, a woman is battered by her husband, boyfriend, or live-in partner every nine seconds, according to Women in Distress of Broward County.

New officer focuses on the victims, Miami Herald, August 16, 2009

Continue reading "Davie Criminal Lawyer Discusses Addition of Domestic Violence Detective to Davie Police Department" »