Florida Criminal Lawyer Blog

Domestic violence has always been a difficult issue, says Broward criminal attorney William Moore. Until relatively recently, violence within the home had little or nothing to do with the criminal justice system. Violence that occurred behind closed doors was not a topic for public discussion and police were infrequently involved in domestic disputes, according to Fort Lauderdale criminal lawyer Moore.

During the past 20 to 30 years, that attitude has changed greatly, says Fort Lauderdale criminal attorney Moore. Rather than simply ignoring the problem, some states have enacted laws that says law enforcement agencies must separate a couple if they are called to a domestic disturbance – which usually means taking one to jail.

In cases where both people allege that they were attacked by the other, the law enforcement officers responding to the scene attempt to weigh the available evidence to determine which party was the aggressor or who inflicted the most damage. This evaluation includes figuring out which party, if any, has visible injuries and the extent of those injuries. Law enforcement officers will likely interview the people involved (and witnesses, if there are any) apart from one another to avoid further fighting and to receive the most accurate possible versions of events. The police officers may also evaluate factors such as alcohol or drug usage leading up to the domestic violence incident or accusation.

In Florida, most criminal defendants who take a plea deal involving a domestic violence or domestic battery charge involve batterers intervention classes, which usually meet weekly. Those who take the plea deal must often meet probation-like requirements, such as reporting regularly and staying free of drugs. They must also attend a certain number of batterers intervention classes while paying the required fee per class. However, plea deals offered by the state vary significantly from case to case and defendant to defendant and may account for factors such as the defendant’s prior record and the seriousness of the allegations.

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Domestic violence is a hard issue for state lawmakers, judges, and law enforcement authorities, says Broward criminal lawyer William Moore. For centuries, violence within the home was regarded as a personal issue – too private for the courts to foray into. This was reinforced by the relatively low status of women in society. Now, domestic violence awareness advocates have changed the legal landscape of the crimes, says Fort Lauderdale criminal lawyer Moore.

The Florida domestic violence statute is broad and does not criminalize a single behavior, such as a husband hitting his wife. Instead, it is primarily the relationship between the attacker and the victim that is of utmost importance in the law. Domestic violence includes “any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Common crimes within the realm of domestic violence include assault, battery, stalking, sexual assault, kidnapping, and even false imprisonment. The definition of a household member is inclusive: “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.” However, the perpetrator and the victim must now or in the past have lived in the same home, except in the case of parents who have a child together. (See Florida Statute 741.28.)

This broad definition means that a girlfriend who shares an apartment with her boyfriend could be arrested and convicted of domestic battery if she slaps him in the middle of a heated argument. Likewise, lesbian and gay couples have domestic violence problems, as well as married couples who have been together for many years, says Fort Lauderdale criminal attorney Moore. Domestic violence occurs in all types of relationships and is perpetrated by members of both sexes.

Police may have a difficult time determining who is more at fault when they respond. If one person has visible injuries while the other does not, they may arrest the person who emerged unscathed from the conflict. If both have injuries, they may try to determine if one household or family member suffered more “defensive” injuries. For example, scratches from a woman’s fingernails on her husband’s arms may support her claim that he tried to choke her.

Almost everyone who takes a plea offer or who is convicted of a domestic violence crime in Florida must attend a special batterers intervention program, which is comprised of state-mandated classes. The topics covered include the cycle of abuse. However, studies have shown that these programs, including the one in place in Broward County, have minimal impact on behavior.

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Gabriel L. Kincaid has an arrest warrant in Florida for violating probation and failing to appear on charges of possession of a controlled substance and possession of drug equipment. However, Florida authorizes do not have plans to extradite the 34-year-old suspect.

Kincaid now faces charges in Johnson City, Tennessee for aiding and abetting prostitution in an online escort service and a more recent domestic violence charge for allegedly assaulting his girlfriend, who is also being charged in the prostitution case.

The alleged assault occurred several weeks ago at Kincaid’s home. The girlfriend, Amanda Holder, 25, told police that Kincaid threw a stun gun at her after she poured out his alcohol. A court document reports that the weapon caused a small bruise on Holder’s back.

Kincaid’s preliminary hearing is set for August 28.

Suspect in Johnson City prostitution case charged with domestic violence, TimesNews.net, July 29, 2008

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Kalvin Pearson, formerly with the Tampa Bay Buccaneers, received word from the Hillsborough County state attorney’s office on Monday that domestic violence charges against the player have been dropped.

Pearson was arrested on April 26 and charged with aggravated battery on a pregnant woman and domestic battery by strangulation. Both are considered felonies. He was later released on $500 bond.

According to reports, Pearson’s girlfriend was pregnant with his child and sat in a Chevy Trailblazer when Pearson began to choke her, grabbing the woman by her neck and hair. Though the domestic violence charges have been dropped, the 29-year-old will still be arraigned on September 8 for a misdemeanor charge of obstructing or opposing an officer without force.

Pearson played for the Buccaneers from 2005 to 2007. He appeared in all 16 games in 2007. As a free agent since March, he signed with the Detroit Lions.

Lions' Kalvin Pearson avoids felony charges, CBC Sports, August 5, 2008

Florida charges against Lions' Pearson dropped, Associated Press, August 4, 2008

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