(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.
