(561)988-8000 Domestic Battery Charge Never Filed After Defense Presented Contradictory Evidence
CHARGE: Domestic Battery (Touch or Strike) – Fla. Stat. § 784.03(1)(a)(1) – Fort Lauderdale, Broward County
FACTS: Client was arrested in Fort Lauderdale, Broward County, following allegations of a domestic dispute involving her juvenile son during the early morning hours of July 1, 2025. Law enforcement alleged that the client struck the alleged victim during an argument concerning confiscation of a cell phone after 1:00 a.m. and arrested the client for misdemeanor domestic battery.
RESULT: Before formal charges were filed, Leifert & Leifert presented sworn affidavits, contradictory witness statements, and additional evidence to the Broward County State Attorney’s Office demonstrating that the incident involved mutual physical contact during an attempt by the client to discipline her child and retrieve the phone, rather than an intentional criminal battery. The alleged victim specifically advised that he did not want prosecution, stated that any contact was accidental or defensive in nature, and denied that his mother intentionally battered him. Based upon the defense investigation and evidence presented, the Broward County State Attorney’s Office declined to file formal charges (“No Information”).
Domestic Battery by Strangulation & Domestic Violence Battery – Charges Dismissed
Charge: Domestic Battery by Strangulation (F.S. § 784.041(2)(a)) and Battery (Domestic Violence) (F.S. § 784.03(1)(a)1), arising from an alleged domestic incident in Coconut Creek, Broward County, Florida.
Facts: Law enforcement responded to a domestic disturbance call in Coconut Creek after allegations that the client physically attacked his wife during an argument inside the residence. Officers alleged that the client struck the alleged victim and impeded her breathing during the altercation, resulting in felony Domestic Battery by Strangulation charges carrying the risk of significant incarceration and a permanent felony record. The investigation also involved conflicting allegations between family members and claims that both parties sustained injuries during the incident.
Result: After Leifert & Leifert, through attorney Brian S. Leifert, Esq., conducted a detailed review of the allegations, challenged inconsistencies in the evidence, and presented favorable information to the State Attorney’s Office, the State of Florida declined to proceed with prosecution. Both charges were ultimately dismissed by way of Nolle Prosequi, allowing the client to avoid a felony conviction, incarceration, probation, and the long-term consequences associated with domestic violence allegations.
Domestic Battery Charge Dismissed
Practice Area: Domestic Battery
