(561)988-8000 Domestic Violence
CHARGE: Battery – Domestic Violence (Fla. Stat. § 784.03(1)(a)(1)) – Florida City / Homestead, Miami-Dade County, Florida
FACTS: Our client was arrested in Miami-Dade County after police responded to a residence in reference to a domestic disturbance involving allegations of threats and physical violence between spouses. According to the arrest affidavit, the alleged victim claimed that an argument concerning infidelity escalated into a physical altercation during which the client allegedly grabbed her by the neck and struck her multiple times in various areas of her body. Police documented visible bruising to the alleged victim’s upper torso and arms, and photographs were taken at the scene. The allegations further included claims that threatening statements were made during the dispute and that two children were present inside the residence during portions of the incident. Officers later located the client at a nearby hotel, where he denied that the verbal argument had become physical before being taken into custody.
The charge exposed the client to potentially serious consequences, including incarceration, probation, loss of firearm rights, immigration consequences, no-contact orders, and the long-term stigma associated with a domestic violence conviction.
RESULT: After extensive review of the allegations, strategic negotiations with prosecutors, and ongoing communication with the parties involved, the alleged victim ultimately became unwilling to participate in the prosecution and executed a waiver of prosecution. Following further review of the evidentiary issues and surrounding circumstances, the State Attorney’s Office formally declined to proceed and dismissed the domestic violence charge.
OUTCOME: The client avoided a criminal conviction, jail sentence, probation, and the significant collateral consequences associated with a domestic violence offense. The dismissal also preserved the client’s ability to potentially seek future record sealing or expungement relief, if otherwise eligible under Florida law.
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