What makes a battery arrest domestic violence?

Domestic Battery Defense

According to criminal attorney William R Moore, an arrest for battery, misdemeanor or felony, will wind up in front of the domestic violence judge if there is a certain relationship between the accused and the alleged victim. Battery is the unwanted striking of another person, which causes them harm. The level of harm, use of … Read more What makes a battery arrest domestic violence?

Assault and Battery Arrests

Florida criminal attorney answers questions on assault and battery arrests as well as defining differences between the two.

assault and battery arrests

Q. “What is the difference between assault & battery?”

A. “Assault involves no contact where battery does” explains Florida criminal attorney. “People facing charges of assault or battery, or people injured due to assault or battery can seek the services of Florida assault attorneys to build a solid defense or bring the culprits to justice.” – Ft. Lauderdale assault and battery attorney William Moore

It is first important to understand how Florida statutes define and punish the different charges following assault and battery arrests.
When filing an assault charge Florida criminal law requires the victim to prove the following took place;
• An individual unlawfully and willfully threatened to do violence to another individual by either words or actions, which instilled fear in the victim
• The accused at that time had the ability to carry out such threats
• The threatening act created fear in the victim’s mind of a violent act about to take place

By Criminal Attorney William Moore

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Police Brutality

Broward criminal attorney William Moore knows that most police officers are upstanding individuals who are doing a great service for Fort Lauderdale, Fort Lauderdale, Broward, and other local south Florida communities. Unfortunately, police brutality is often difficult to document or to prove. This is especially true in light of a federal government study that found that only a relatively small percentage of claims of police brutality or excessive use of force were meritorious. There is also evidence suggesting that only a minority of actual police brutality victims file report the abuse. Victims have complained that claim procedures are daunting and difficult in many jurisdictions.

The video below, showing a South Carolina police officer using force on a Florida woman, has been touted as an example of police brutality:

Although the video does not detail how long the woman waited to pull her car over due to the fears she expressed concerning the remoteness of her location, she apparently received only a traffic citation. The police officer in the video was fired, according to CourtTV, and the woman won a large civil settlement from the police department for her abuse.

Likewise, in aftermath of the events in the following disturbing video, the police officer was fired. Broward County criminal lawyer William Moore cautions that the injuries shown in this video are graphic:

The police officer’s decision to stop the tape does not reflect well on him. The large pool of blood and the woman’s obvious injuries to her face suggest police brutality. In that case, the officer was apparently fired but did not face criminal charges.

Police brutality is typically investigated by local prosecutors or the police department itself, which is problematic because either of those institutions have either an interest in covering for a violent police officer or a pro-police bias. In fact, a review of Chicago-area police brutality allegations determined that the Chicago Police Department took disciplinary action in only 19 of 10,000 cases during a two year period.

Of course, in many instances the use of force by Broward, Fort Lauderdale-Dade, or Fort Lauderdale police officers is justified. Bystanders and people upon whom force is exercised may believe that the force is excessive, although it is appropriate according to police protocol.
If you have been arrested or you are the victim of police brutality in south Florida, contact Broward criminal lawyer William Moore as soon as possible.

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Sleep Disorder A Defense in A Domestic Violence Case

Fort Lauderdale William R. Moore

Broward criminal lawyer William Moore is familiar with all sorts of legal defenses, including the defense of sleepwalking or a sleep disorder. A 37-year-old man was arrested at his residence in Coral Springs on Sunday night for domestic violence, according to local police. Mark Kaplan is the principal of Falcon Cove Middle School in Weston, Florida, inland of Fort Lauderdale. On Sunday night, his wife called police because her husband was strangling her.
When Coral Springs police arrived at the Kaplan home in response to an emergency domestic violence call, they found Alyson Kaplan, 36, bruised on her neck. Coral Springs police photographed the injuries and the police report indicated that officers believed she was likely to be harmed again in the future. Alyson Kaplan told police that she was sleeping at the time the strangulation began. Further, she explained, she had been the target of a number of attacks by her husband over the past year and a half: poking, scratching, and verbal abuse – even threatening to stab her.
Interestingly, Alyson Kaplan’s account to Coral Springs police on Sunday night was in line with the statements by Mark Kaplan’s criminal defense lawyer on Monday. Alyson Kaplan described the repeated attacks as always happening during the night and, although her husband’s eyes are always open, he seems vacant or asleep. She does not believe he is typically awake during the violence, although she was unable to tell police if he was awake or not during the strangulation.
Mark Kaplan’s criminal defense attorney has said that he hopes the Broward State Attorney’s Office will drop the criminal charge in light of this information. The criminal lawyer contends that Kaplan suffers from a sleep disorder and that he is not aware of his actions during these episodes. Alyson Kaplan, who has been married to Mark Kaplan for 12 years, agreed with the criminal defense lawyer. As she fervently explained to reporters, “I am not pressing any charges, I’m not prosecuting, we are not divorcing. He has a diagnosed medical condition. It is all due to that. He is receiving treatment. I don’t feel in harm’s way whatsoever.”
At this time, the Broward State Attorney’s Office has refused to comment on the case, but criminal charges are still pending. Mark Kaplan stayed at the jail for the remainder of Sunday night and posted a $3,500 bond early on Monday.
In order for a sleep disorder or sleepwalking to be an effective legal defense to a crime, it should be inconsistent with the person’s normal waking behavior. For instance, a jury will more likely believe that a man who is known as gentle and kind was sleepwalking when accused of extremely aggressive or violent behavior at night. Although rare, instances of crimes occurring under these circumstances are documented, and the sleeping perpetrator typically has no memory of the incidents upon waking. In some cases, regular violent behavior may be documented by physicians in a sleep laboratory, but instances of extreme violence may not occur frequently enough for such a method to be a practicable determination of the sleep disorder.

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Juvenile Justice in Florida

Broward County Juvenile lawyer

Every state has developed a mechanism to try juvenile offenders on adult charges. According to the Florida Department of Juvenile Justice, 3.7% of juvenile offenders in the state were transferred to adult criminal court. While that sounds like a small percentage, it has risen substantially in the past couple of years. Florida criminal defense attorneys have noticed a steady rise in the number of juveniles arrested and then certified as adults. Last year, 3,408 different juveniles faced adult charges in the state of Florida.

Broward County criminal attorneys know that trying teens as adults used to be uncommon, but after a spike in violent youth crime in the late 1980s and early 1990s, states scrambled to find ways to implement harsher sentencing for the youngest offenders. The mantra “adult time for adult crimes” resonated, especially as more school shootings occurred. Arkansans were horrified when an 11-year-old and 13-year-old stormed their Jonesboro middle school with guns in 1998, killing five – especially when it became apparent that the state could not hold them beyond age 21. This concern was not unwarranted. Shortly after he was released, the public learned that the Mitchell Johnson, the older boy, was sharing an apartment with another notorious Arkansas juvenile murderer. The school shooters can even legally buy guns if they so choose. Arkansas now has a law which allows for combined juvenile and adult sentencing for very serious crimes committed by young people.

Broward County criminal lawyer William R. Moore has years of experience in criminal defense, including sex crimes and DUI. A felony or misdemeanor conviction of any type can have far-reaching consequences on your freedom, your employment, and your personal life. If you have been arrested in south Florida, contact  Broward County Criminal Defense Attorney William R. Moore, P.A., with offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.

When a juvenile is arrested for a crime, it triggers delinquency proceedings. Delinquency is the juvenile equivalent of criminal. The prosecutor may decide to file adult charges instead of juvenile. The prosecutor will weigh the severity of the crime and the child’s age when making that decision. The juvenile will receive a waiver hearing, where a judge will determine if it is in fact appropriate for the juvenile to face adult charges. The juvenile’s criminal defense attorney will typically argue to keep the case in juvenile court. If the juvenile is tried and convicted in adult criminal court, the judge will take into account the youth of the offender when determining sentencing.

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