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Q. How can they charge me with a felony for just pushing my wife?” A. “Domestic Violence is often filed in Florida today as a felony battery or felony domestic violence, under one condition,” explains Ft. Lauderdale criminal defense lawyer John M. Castellano

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“If the same ‘victim’ — in this case your wife, to use your example, has ever complained of being your victim on an earlier occasion, then the State of Florida will often enhance the misdemeanor battery charge and file a new FELONY domestic violence charge, based upon the ‘fact’ that you have committed domestic violence against the same victim more than once.” — Ft. Lauderdale domestic violence lawyer John Castellano

“This is all a throwback to the Nicole Brown Simpson and OJ Simpson case, if you’ll remember, when the same victim, Nicole Brown Simpson, alleged that she had been a victim repeatedly in the past — at least five (5) times as I recall; and yet you’ll also remember that she ‘waived prosecution’ all five (5) times in the past, urging the prosecutors to ‘drop charges’ … all before she had her throat cut and fell victim to murder.” Florida criminal defense attorney John Castellano

“Nicole Brown Simpson’s murder, especially in the wake of ALL those prior domestic violence arrests of the same alleged abuser, O.J. Simpson, prompted all sorts of changes in the law — changes designed to increase the stakes and the gravity of these offenses, ostensibly to help protect the victims from not only the abusers, but also from themselves, consistent with the studies in support the defense of the ‘battered wife syndrome.’ ” — Ft. Lauderdale criminal attorney John Castellano

“It’s often the case, that the victims of repeat domestic violence need to be protected from the abusers, of course, but ALSO from themselves and their own unique vulnerability and susceptibility to the ‘undue influence’ exerted by the abuser; but in many instances today, we’re learning that the allegations of domestic violence are unfounded, often just the machiavellian machinations and imagination of the wife’s divorce lawyer, intended to gain many tactical advantages in the corollary or companion divorce case. The allegations of domestic violence are enough to secure a restraining order which then keeps the husband out of the house, giving the wife and her lawyer the advantages in negotiating all of the critically important visitation issues with the children, as well as the monetary issues surrounding alimony, child support, the equity split and division of sale proceeds in the marital home itself. Cruel, but often true. — Ft. Lauderdale family lawyer John Castellano

“But to be fair, if the battery charges ARE true and the victim is in fact a true victim of domestic violence — then there is nothing remotely wrong with seeking the restraining order, obviously; and let’s agree, *if this violence has happened to the victim more than once, then THIS is exactly why the legislature needed to create — and did in fact create this new statute allowing for the enhancement of the otherwise applicable misdemeanor battery offense to a FELONY offense of domestic violence.” Florida federal criminal lawyer John Castellano

“It’s also true that the victims (when they are indeed the victims of this domestic violence, meaning that the battery allegations are true) may actually forgive the abuser, desire to go through counseling together and have the charge dropped altogether; and this may be their OWN idea, with NO pressure whatsoever exerted upon them by the defendant abuser. There is nothing wrong or untoward in respecting the victim’s wishes in this regard, and the lawyer for the defendant ought to have the unfettered right to speak with the victim or his/her lawyer to effectuate this ‘waiver of prosecution.’ ” Ft. Lauderdale criminal defense lawyer John Castellano

“Yes, however, there are other times when the victims will absolutely need additional protection from being pressured to ‘waive prosecution’ or ‘drop charges’ — and for these purposes, the courts and prosecutors now assign a ‘victim advocate’ for each victim, to act as a liason with the victim, to counsel the victim in regard to this whole dynamic or phenomenon, helping to protect the victims from their own proclivity or impulsivity to want to drop charges and get back together with the abuser.” Ft. Lauderdale criminal defense lawyer John Castellano

Please feel free to call me at any time in the office @ 954 766 8810 … and just know that I would be privileged to help you or your loved ones with these or any other legal issues or concerns. I am,

Always there for you and your family,

John

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About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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