Assault & Battery My son is charged with Domestic Violence...Miami

[CD64]

I believe he has been wrongfully charged. My brother (his Uncle) told me he wished I was dead 3 different times at a family funeral. We all ignored the first 2. On the third one my brother threatened me imo. He screamed across the crowd.."You're next and I'll be there to piss on your grave". That was it. My 21 yr old was on him.

Now, they took my son to jail and charged him with Domestic Violence Battery. They say that its automatically domestic violence if the parties are related. I looked up the statutes and Fl statute 741.28 says that the parties must currently reside in the same residence or have resided together in the past. My son has never lived with or even near my brother. They hadn't seen each other in 13 yrs when this happened.

 

[army judge]

I suggest to you, madam, that all criminal defendants are innocent until proven guilty.

Your version of these events would only serve to get your son convicted of something, domestic violence aside.

If things are as you state, junior is guilty of an assault.

So, please don't help the persecutor hang junior.

Tell junior to shut up, plead not guilty, help him pay his bond, ask for a court appointed lawyer, and wait.

What you've described amounts to a lesser and included offense of some sort. If junior did that, he launched an attack on a loudmouth. That is a crime of some sort.

Junior needs an attorney. See that he gets one, and keeps his mouth closed!!!


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[mightymoose]

What you describe is not typically domestic violence because a requirement is that the parties live together, be married, or dating- or previously so. Your state statute might be written in a way that includes violence among relatives.
Regardless, even if the domestic violence charge was improper, there is still simple assault/battery which requires no relationship at all.
What he was arrested for and what he is ultimately charged with by the prosecutor can be very different. Let his lawyer work it out and try to be patient with the process.