(561)988-8000 Domestic Battery Charge Never Filed After Defense Presented Contradictory Evidence
Domestic Battery Investigation Closed After Defense Presentation Resulted in No Formal Charges
Domestic Battery (Touch or Strike) – Fla. Stat. § 784.03(1)(a)(1) – Fort Lauderdale, Broward County, Florida
In Fort Lauderdale, Broward County, Florida, our client was arrested and investigated for Domestic Battery (Touch or Strike), in violation of Florida Statute § 784.03(1)(a)(1), arising from an alleged late-night family dispute involving her juvenile son.
According to the arrest affidavit prepared by the Fort Lauderdale Police Department, officers responded to allegations that an argument occurred after approximately 1:00 a.m. regarding the child’s use of a cell phone beyond permitted hours. Law enforcement alleged that during the confrontation, the client struck her son and pushed him to the ground, resulting in minor injuries that officers documented at the scene. Based upon statements obtained during the initial investigation, police identified the client as the “primary aggressor” and placed her under arrest for misdemeanor domestic battery.
The case carried serious consequences despite being charged as a misdemeanor offense. In addition to possible criminal penalties, a domestic violence conviction can result in:
- permanent criminal record consequences,
- firearm restrictions,
- professional licensing complications,
- immigration-related concerns,
- and significant family and personal repercussions.
Immediately after being retained, Leifert & Leifert, through attorney Brian S. Leifert, Esq., initiated an aggressive pre-filing defense investigation while the matter remained in “unfiled” status with the Broward County State Attorney’s Office.
The defense quickly gathered and presented substantial contradictory evidence that materially undermined the allegations contained within the arrest affidavit. This included sworn affidavits, witness information, contextual evidence regarding the family dispute, and evidence demonstrating that the incident occurred while the client was attempting to enforce household rules and recover a cell phone from her juvenile son after he refused to surrender it.
Most importantly, the defense obtained a sworn affidavit from the alleged victim himself. In that sworn statement:
- the alleged victim expressly stated that he did not want his mother prosecuted,
- acknowledged that he refused to surrender the phone,
- admitted that he physically resisted while the client attempted to retrieve it,
- and advised that any physical contact between them was accidental, defensive, or occurred during the struggle over the phone.
The affidavit further stated:
- that the alleged victim did not believe his mother intended to harm him,
- did not believe she committed a battery,
- was not afraid of her,
- and considered the incident to be an emotionally charged family disagreement rather than criminal conduct.
The defense emphasized to prosecutors that the physical interaction described by witnesses materially differed from the characterization contained in the initial police report and that the evidence raised substantial credibility and proof issues regarding intent, self-defense, mutual physical resistance, and whether a prosecutable criminal battery had actually occurred.
Through early intervention, strategic advocacy, and rapid mitigation efforts before formal filing, Leifert & Leifert was able to present the State Attorney’s Office with a significantly different factual picture than what was initially reflected in the arrest paperwork alone.
RESULT: After reviewing the contradictory witness statements, sworn affidavits, and additional evidence submitted by the defense, the Broward County State Attorney’s Office declined to file formal charges against the client. The case was resolved by way of “No Information,” meaning the prosecution was never formally filed in court.
OUTCOME: The client avoided prosecution, avoided a domestic violence conviction, avoided probation and incarceration, and prevented the long-term consequences associated with a domestic battery charge. Because the State Attorney’s Office declined to file the case, the matter concluded before formal prosecution proceedings ever began.
Domestic Battery by Strangulation & Domestic Violence Battery – Charges Dismissed
Domestic Battery by Strangulation (F.S. § 784.041(2)(a)) & Battery (Domestic Violence) (F.S. § 784.03(1)(a)1) – Coconut Creek, Broward County, Florida
In Coconut Creek, Broward County, Florida, our client was arrested and charged with Domestic Battery by Strangulation, a third-degree felony under Florida Statute § 784.041(2)(a), along with misdemeanor Battery (Domestic Violence) under Florida Statute § 784.03(1)(a)1, following allegations arising from a highly emotional domestic dispute inside the family residence.
According to the arrest affidavit, Coconut Creek Police responded to a domestic violence call after the client’s wife alleged that a verbal argument escalated into a physical confrontation. Law enforcement alleged that the incident began after the alleged victim returned home from a party and accused the client of infidelity, leading to a heated argument inside the residence. Officers reported observing injuries to the client, including facial lacerations and injuries to the back of his head, which the client stated were caused when he was struck with a cane.
The allegations escalated further when the alleged victim claimed that the client grabbed and dragged her through the residence and later impeded her breathing by applying pressure to her neck. According to the police report, the parties’ teenage son allegedly intervened during the confrontation in an effort to separate his parents. The affidavit also referenced allegations involving household objects, including a hammer and cane, during the altercation.
Based on these allegations, officers arrested the client for Domestic Battery by Strangulation — one of the most aggressively prosecuted domestic violence offenses in Florida due to the potential for serious bodily harm and the significant penalties associated with the offense. A conviction for Domestic Battery by Strangulation carries the possibility of:
- a felony adjudication,
- substantial prison exposure,
- lengthy probation,
- permanent loss of firearm rights,
- no-contact orders,
- immigration consequences,
- and a lasting felony criminal record.
Following the arrest, Leifert & Leifert, through attorney Brian S. Leifert, Esq., formally appeared on behalf of the client and immediately began conducting an independent review of the allegations, evidence, witness statements, and procedural aspects of the investigation.
The defense carefully analyzed the probable cause affidavit, reviewed the surrounding factual circumstances, and identified significant issues involving conflicting statements, mutual allegations of violence, and credibility concerns. The defense also focused on the fact that the client himself displayed visible injuries observed by responding officers, including facial cuts and head injuries, which supported the position that the incident involved far more complexity than initially reflected in the arrest report.
Through strategic advocacy, detailed case preparation, and aggressive defense intervention, the defense highlighted inconsistencies within the allegations and presented exculpatory and mitigating information to the Broward County State Attorney’s Office. The defense further emphasized weaknesses in the State’s ability to prove the felony strangulation allegations beyond a reasonable doubt — a critical requirement in cases involving conflicting domestic violence accusations and emotionally charged family disputes.
As the case progressed, the defense continued negotiations with prosecutors while aggressively preparing the matter for litigation and trial if necessary. The defense also worked to protect the client from the collateral consequences commonly associated with domestic violence prosecutions, including the continuation of restrictive no-contact provisions and the risk of permanent felony consequences.
Ultimately, after further investigation and evaluation of the evidence presented by the defense, the Broward County State Attorney’s Office elected not to proceed with prosecution. Both the felony Domestic Battery by Strangulation charge and the misdemeanor domestic battery charge were formally dismissed by way of Nolle Prosequi.
RESULT:
Count I – Domestic Battery by Strangulation: Nolle Prossed (Dismissed)
Count II – Battery (Domestic Violence): Nolle Prossed (Dismissed)
OUTCOME: The client was not convicted of any criminal offense and avoided incarceration, probation, a felony conviction, and the severe long-term consequences associated with domestic violence and strangulation allegations. The dismissal also allowed the client to move forward without a finding of guilt or court-imposed penalties.
Domestic Battery Charge Dismissed
Practice Area: Domestic Battery
