Location: Broward County
Charge Type: Felony Battery
Result: Dismissal
The Situation
Our client, a devoted husband and father from the Midwest, was enjoying a family cruise departing from Fort Lauderdale. During an evening event, our client, a lively dancer, intervened multiple times when another passenger continually brought glassware onto the dance floor, causing disruptions and safety hazards.
After verbally addressing the passenger about safety concerns, our client confronted him again when he refused to comply. The other passenger became aggressive first, flicking our client off and initiating physical contact with a light shove. Acting reasonably in self-defense under Florida's Stand Your Ground law, our client responded by delivering a single punch, which unfortunately knocked out the aggressor's tooth. Ship security investigated, and no immediate action was taken against our client.
However, the following morning at Port Everglades, Broward County Sheriff's deputies forcefully arrested our client in his cabin, accusing him of felony battery due to the injury caused and resisting arrest without violence. During the arrest, officers became unnecessarily aggressive, causing him injuries and a concussion.
The Defense Strategy
Understanding the serious implications of felony charges for our client's future and his family's well-being, we immediately developed a proactive defense strategy:
- Filed a Stand Your Ground Motion: Asserted our client's legal right to defend himself when facing a legitimate threat. We demonstrated through witness testimonies, ship security footage, and consistent client statements that his actions were justified. Under Florida Statute §776.032, we argued that our client had a right to immunity from criminal prosecution due to his reasonable belief of imminent unlawful force.
- Highlighted Excessive Force by Law Enforcement: Documented injuries sustained by our client during his unnecessarily aggressive arrest.
- Convinced the State that the client was not resisting arrest, but was confused by the officers' multiple, rapid commands, based on evidence from the body worn camera.
The Result
Our detailed and aggressive defense successfully convinced the court of our client's right to self-defense. The Judge agreed that the State failed to overcome its burden of proving that our client was not acting in self-defense. Following the Stand Your Ground Motion to Dismiss, the court dismissed the felony battery charge, affirming our client's lawful actions in self-defense. We then continued fighting for the dismissal of the resisting arrest without violence charge, which the State eventually dropped about a month after the initial victory.
Result: Dismissal
Thanks to our determined advocacy, our client is free from the threat of felony convictions able to move forward confidently with his family by his side.