Legal Question in Criminal Law in Florida

my brother has been arrested in Florida for domestic violence against his girlfriend who he was leaving.

The charges are:

Assault with deadly weapon (knife).

Domestic battery by strangulation.

False imprisonment.

I do believe they had a fight and a scuffle broke out, BUT I don't believe he strangled and imprisoned her whilst wielding a knife.

She is one of those women that loves drama and over exaggerates. Plus she is on zanex etc.

So my question is, he has been in jail for 20 days with no charge as of yet.

What actual evidence would the state need to charge him and take it to trial, as obviously he is pleading NOT GUILTY.

Is this so serious that he WILL get a sentence?

What is the statistics on the defence winning here?


Asked on 6/14/15, 3:59 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

This is serious as he is facing 5 years for EACH of those three charges. He probably faces mandatory prison because of how he may score. I know of no statistics on this and even if there were it is totally irrelevant, since every case is different. He needs a good defense attorney to fight this and prove that she is lying and put on a good defense. Even if the case is not dismissed and he chooses not to go trial, an attorney can negotiate a deal that would be acceptable to your brother. Find an attorney in your area immediately.

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Answered on 6/14/15, 9:43 am


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