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.

The profile: a young man, under the age of 30. He did not attend college and perhaps did not even finish high school. He likely has a criminal past, possibly arrests for domestic violence or drugs. He does not hold down a job well and is probably unemployed. Although he may not have any biological children, he probably dates young women who have at least one young child.

The profile, according to the Florida Department of Children and Families, reflects the typical boyfriend who is likely to abuse or even kill his girlfriend's baby. Increasingly, child welfare advocates have found that these men begin dating young, single women who have one or more children. After a short period of dating, the mothers entrust the boyfriend with babysitting, at least sometimes, while the mother goes to work or to the grocery store. They men, who are frequently unemployed, agree to watch the child. Unfortunately, the lack of knowledge about babies or how to properly care for a child leads to trouble in some instances.

When the baby will not stop crying, the boyfriend does not know how to handle it, and may shake the infant. Eventually, the man will do something that seriously injures the baby, such as head-butting the infant. Babies' delicate skulls and brains cannot withstand this kind of trauma. By the time the mother arrives home, the child is seriously wounded, or possibly even dead. She takes the baby - who is most often a white male child - to the emergency room, where doctors confirm that the injuries are related to child abuse. When police question the boyfriend, he almost invariably lies about the source of the injuries, but may eventually come clean later.

Although no two child abuse scenarios are identical, the frequency with which this situation is occurring in Florida is alarming. Some child advocates have called for the state to provide free or very inexpensive child-care services so that young mothers do not feel as though they must resort to their boyfriends, who they may not even know well. Investigators have also found that early intervention is key to preventing these deaths, as the child has usually been abused by the boyfriend on an earlier occasion.

Shannon Burke, 43, was arrested last week for shooting his wife and her pet dog. His wife dialed 911 law enforcement officials were called to Burke's home. His wife survived the attack and has received an emergency domestic violence injunction to protect her from her husband. She was shot in the head and remains hospitalized. Burke has been charged with aggravated assault and animal cruelty related to the shooting, as well as violation of probation. Cathy Burke's small dog, Charlotte, also survived its gunshot wound and is recovering.

Burke was already serving probation at the time of this offense. He was sentenced in November to about a year of probation after pleading no contest to a charge of reckless driving, stemming from alcohol. Burke's criminal defense attorney and the state prosecutors disagreed over several aspects of his case at Burke's first court appearance, with the state alleging that he is behind in probation payments and has not attended DUI school. Burke's attorney denied both of those allegations, saying his client was up-to-date with payments before May 1 and that his client attended DUI school. His possession of the weapon used to shoot his wife and her dog was in violation of the terms of his probation.

Meanwhile, Burke's former wife - a different woman than the woman he allegedly shot - received an emergency injunction to protect the nine-year-old daughter they have together. Burke is now not permitted to have any contact with his young daughter except phone calls. The ex-wife alleges that Burke was "volatile" during her marriage to him and also that he fired a shot into the wall of his apartment when arguing with a girlfriend subsequent to their divorce, which occurred in 2004. She also stated that Burke threatened to commit suicide while armed with a gun.

The original story is available here.



If you have been arrested in Florida, contact the criminal defense attorneys at Musca Law as soon as possible.

A judge presiding over a domestic violence courtroom in Fort Lauderdale had to intervene after the defendant began attacking his female victim, according to the Broward County Sheriff's Office. John Charles Reasee II, who is 29, was informed by the court that he would be taken to jail because he was in violation of the terms of his release before trial. Reasee went around his criminal defense lawyer and began hitting the victim repeatedly. County Court judge Ian Richards joined two police officers and the courtroom deputy in subduing the defendant.

Many criminal defendants are allowed pre-trial release, meaning that they are not required to stay in jail while they await trial provided that they meet certain conditions. For example, a defendant released on his own recognizance will be required to maintain a home address. The court must be able to contact him. In other cases, a defendant might be released on bail.

Pre-trial release is most frequently granted to defendants facing misdemeanor charges and those who appear to be reliable or have ties to the community. For instance, a person who has lived in the county for his entire life, who is employed, and whose family lives locally is far less likely to "jump bail" or otherwise fail to appear for trial. A defendant who has many past convictions, few connections to the community, or who has previously failed to appear is less likely to receive pre-trial release. In some cases, defendants must meet conditions like electronic monitoring in order to obtain pre-trial release. If the defendant violates the terms of his release, he can and likely will be taken into police custody to await trial.

The Florida criminal defense attorneys at Musca Law provide comprehensive legal representation throughout the state of Florida. If you have been charged with a crime, contact our offices as soon as possible.

The original article is available here.

Caught up in the stress of daily life, a Lee County mother of 3 found herself facing serious domestic violence charges. Her 12 year marriage was strained and her actions became erratic. For several years prior she had been treated for chronic depression and anxiety. She had been prescribed anti-psychotic medications but was inconsistent with her dosage. When her behavior became argumentative and even abusive towards her 72 year old husband, he called the police. The woman was arrested and charged with Battery on a Person 65 Years of Age or Older, under Fla. Statute 784.08. The Court also issued a Pre-Trial Release No Contact Order, maintaining that the defendant have no contact with her husband.

The husband was forced to care for their two younger children himself while his wife struggled with her mental health issues. Unfortunately, her problems continued and she was obsessed with contacting her husband. She did not comply with the No Contact Order and was arrested a second time for Battery against her husband. Cape Coral Police also charged her with violating the Pre-Trial Release Condition, under Fla. Statute 741.29(6), a First Degree Misdemeanor.

Facing the remorse of her actions, the woman sought help through professional counseling and church services. In light of their long term marriage and commitment to their children, the couple wanted to reconcile their differences and reunite the family.

Being found guilty of domestic violence in Florida can have serious penalties and consequences for both the individual and their family. Battery on Persons 65 Years of Age carries a penalty of up to 5 years in prison. The defendant sought the experience of the criminal defense attorneys at Musca Law to help avoid a conviction and the long term consequences of these allegations.

Attorneys at Musca Law saw the honest attempt the defendant had made by attending a recovery group focused on women's anger through her church. The couple had also been seeking professional help from a marriage and family therapist. Our attorneys motioned the Court to lift the No Contact Order and take consideration of the defendant's husband having no objection, as well as his desire to reconcile his marriage. The Motion to Lift the No Contact Order, was modified to No Violent Contact and continue with counseling. On the charges of Battery, the State Attorney's Office issued a Nolle Pros, and the case was dismissed.