Why This Case Matters
In Broward County, a domestic violence arrest alone can feel like a conviction. Charges this serious—aggravated battery with a deadly weapon—carry the potential for years in state prison and a permanent felony record. But an arrest is not evidence of guilt. This case demonstrates how aggressive pre-file defense work, including the preservation and presentation of exculpatory evidence before charges are ever formally filed, can convince the State Attorney's Office to decline prosecution entirely.
One moment, you are living your life. Next, you are facing a felony charge that could take years off your freedom and permanently alter your future—based solely on a single account that law enforcement accepted at face value.
That is exactly what happened to our client, a man with no prior record who found himself arrested following a domestic dispute with his girlfriend. The allegations were severe: that he strangled her by squeezing her neck and impeding her breathing—conduct that alone constitutes a felony under Florida law—and that he hurled a large object directly at her head, striking her. Officers arrived, heard one side of the story, and made an arrest.
Our client maintained his innocence from the start. The question was whether anyone would take the time to look at the evidence before the state formally filed charges and set the machinery of a felony prosecution in motion.
We did.
The Charges He Faced
Our client was arrested and charged with:
- Aggravated Battery with a Deadly Weapon (second-degree felony) — based on the allegation that he used a lamp as a weapon to strike the alleged victim
- Misdemeanor Battery — based on the allegation that he strangled her by impeding her breathing
These are not minor charges. A second-degree felony conviction in Florida carries up to 15 years in state prison, up to 15 years of probation, and a $10,000 fine—in addition to the collateral consequences of a permanent felony record, potential immigration consequences, and the lifelong impact on employment, housing, and professional licensing. The domestic violence designation adds mandatory counseling conditions and the permanent loss of firearms rights under federal law.
What makes domestic violence charges uniquely unforgiving is what happens to your record. Unlike most Florida criminal offenses, any disposition that does not result in a full dismissal—or a reduction to a charge outside the domestic violence designation—creates a permanent record. Even if adjudication is withheld, even if you complete every condition imposed, a domestic violence conviction cannot be sealed or expunged under Florida law. That means the arrest and the charge follow you permanently: on background checks, professional licensing applications, and anywhere else your record is reviewed.
The only paths that preserve your ability to clean your record are a dismissal of charges or a reduction to an offense that does not carry the domestic violence label. Anything less is forever.
What Happened
The arrest stemmed from a domestic dispute between our client and his girlfriend. During and immediately after the encounter, our client did something that would later prove critical: he documented what was happening on his own initiative, capturing video and photographs in real time. When officers arrived, however, they were presented with the alleged victim's account—a serious and emotionally charged narrative—and made an immediate arrest without pausing to examine what that evidence actually showed.
In domestic violence calls, law enforcement is trained to act quickly and err on the side of arrest when injury or serious allegations are present. That instinct, while understandable, can result in charges that the evidence does not support—and this was one of those cases. Our client was taken into custody before the physical record he had created was ever considered.
Our Strategic Approach
Before the State Attorney's Office made a formal filing decision, Fort Lauderdale criminal defense attorney Dave Simmons moved immediately to conduct a thorough pre-file investigation. Drawing on over 27 years of experience—including service as both a Broward County Assistant State Attorney and Assistant Public Defender—Dave understood exactly what prosecutors look for when deciding whether to file charges, and what they need to see to walk away.
The pre-file strategy included:
- Securing and analyzing video and photographic evidence captured by our client. During and immediately following the encounter, our client documented what actually occurred—on his own initiative and in real time. That footage and those photographs did not corroborate the alleged victim's account of events. They contradicted it. Rather than relying solely on law enforcement's one-sided arrest narrative, we ensured the State had access to evidence the alleged victim could not explain away.
- Documenting the absence of corroborating physical injuries. The alleged victim claimed to have been struck in the head by a large lamp and strangled with sufficient force to impede her breathing. The physical evidence—including the documented condition of the scene and the nature and extent of any visible injuries—was inconsistent with the severity of those allegations.
- Presenting our client's account directly to the State. Our client provided a statement setting forth his version of events. Rather than waiting passively for the State to act, we ensured that prosecutors had a complete picture before making any filing decision—not just law enforcement's one-sided arrest narrative.
- Demonstrating a rush to judgment. By compiling the full evidentiary picture and presenting it to the State Attorney's Office, we demonstrated that the arresting officers made their determination without adequately investigating the physical evidence. The State ultimately agreed.
The Result: State Declines to File — No Information Entered
After reviewing the video, photographs, physical evidence, and our client's statement, the State Attorney's Office declined to formally file charges. A No Information was entered—meaning the State determined that the evidence was insufficient to proceed with prosecution.
Our client walked away with:
- No formal charges ever filed
- No felony record
- No conviction of any kind
- No jail time, no probation, no conditions
- The ability to pursue sealing and expungement of the arrest record
- His freedom, reputation, and future fully intact
If You're Facing Domestic Violence Charges in Fort Lauderdale, Act Before Charges Are Filed
The window between an arrest and a formal charging decision is one of the most critical—and most overlooked—phases of a criminal case. What happens during that period can determine whether you face years of prosecution or walk away without charges. Waiting for the State to act without a defense attorney in your corner is a mistake you may not be able to undo.
At the Law Offices of Dave L. Simmons, P.A., we understand how the Broward State Attorney's Office evaluates domestic violence cases—because Dave Simmons spent years on the other side of that decision. That insider knowledge drives our pre-file strategy and gives our clients a critical advantage before charges are ever formally filed.
If you have been arrested for domestic battery, aggravated battery, or any domestic violence-related offense in Broward County, contact our Fort Lauderdale office today at 954-765-3540 for a confidential consultation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
