Florida Criminal Attorneys Blog

ORANGE COUNTY- Deputy Sheriff Steven Smith, 30, was taken into custody and charged with Domestic Assault after a 911 call from a minor child in the home.  The child reported that she ran into the kitchen to grab the phone and while passing by she saw "my daddy holding my mommy down on the bed and he was going to hit her."  Smith then proceeded to grab the phone from the child, "after he hung the phone up, he told her mommy that she was going to jail", as noted in the arresting officers report.

Smith who is assigned to the narcotics unit has been relieved of duty with pay, while placed in an administrative position pending the outcome of an internal and criminal investigation.

Police Officers are not impervious to criminal acts.  Informal studies show that domestic assault amidst law enforcement is about 40% as opposed to the general population which is roughly about 8-10%.  Double the rate of domestic assault relative to those engaged in other professions.

Although, domestic assault in any form cannot be excused, no other profession places curtailment limits on its associates as they do in the law enforcement field. However, police officers that abuse differ from other abusers in the respect that they are not only tougher but they are more dangerous.  They are tougher and more dangerous by way of training, badge and weapon, not to mention an entire police force to back them up.  One of their strongest weapons in not the gun in their holster, but their ability to intimidate, close off and terrorize their victim. 

In recent studies police departments are failing in accountability relative to how allegations are managed against officers.  Casting a double standard where an officer is not immediately arrested but is put on other duties such as administration while an investigation is pending.  Civilians, facing the same allegations would be immediately arrested and are routinely jailed.  Officers remain uploaded, where departmental authority does not remove the officer's weapon during the investigation.  Most importantly the lack of specific policies set in place where the department is legally bound to manage officers that are implicated in a domestic assault complaint.

Although, domestic assault has numerous definitions, Florida Statute 741.28 defines domestic assault as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury, death of one family or household member by another who is or was residing in the same single dwelling unit." In addition, Florida Statute 741.2901 (2) states "It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter."  

As soon as you or someone that you know is accused or charged with domestic assault, it cannot be emphasized enough that you would need to contact an experienced criminal defense attorney.  When immediately retaining a reputable and committed criminal defense attorney like John Musca, your rights are unhesitatingly protected.   Musca Law will meticulously examine all of the facts, evidence and circumstances that encompass your case so that the best argument can be prepared for the reduction or dismissal of charges.