Miami Dolphins Player Arrested for Domestic Violence After Fight With Girlfriend
The recent arrest of Miami Dolphins defensive tackle Tony McDaniel highlights issues we believe are important in any case of alleged domestic abuse. The South Florida Sun-Sentinel reported Feb. 7 that McDaniel, 25, was arrested the day before and charged with misdemeanor battery of his girlfriend. The arrest report said McDaniel and Alaina Smith had an argument outside their Davie home Saturday morning that turned into a shoving match. The two have different accounts of the reasons for the fight as well as the physical part of the confrontation. This he-said, she-said problem is one of the most common situations affecting our practice as Fort Lauderdale domestic violence criminal defense attorneys.
According to the article, Smith was returning to the house with food around 8:30 a.m., around the same time McDaniel was coming home from a night out. Smith said McDaniel confronted her about not answering the phone the night before, then grabbed her purse. During their struggle for the purse, she said she fell and hit her head. She ran into the house, she said, asked her guests to call 911 and ran out to find McDaniel smashing her phone on the ground. McDaniel told police Smith was upset at him for staying out all night and started scratching and slapping him. Police found scratches on both parties, but no head injury on Smith, who declined medical treatment. The houseguests said they saw the argument, Smith’s fall and McDaniel smashing the phone. He was arrested and released on $3,500 bail the next day.
As Miami-Dade spousal abuse criminal defense lawyers, we see stories like this time and time again. Each person claims the other started the fight; the physical evidence doesn’t say much; and there are few, if any, witnesses. This means the police are forced to choose the story they think fits the situation better. More often than not, police choose to believe the woman and arrest the man, following outdated gender stereotypes. The truth is that people of both genders can be guilty of domestic violence, and Florida law recognizes that either spouse can be a victim. Arresting the husband or boyfriend at the first sign of trouble may stop the fight, but it can also unfairly and unnecessarily get him into major, life-changing legal trouble.
At Balliro Seltzer LLC, we vigorously defend all spousal abuse cases, because the penalties of even being charged are severe. Under the law, someone claiming to be a victim of spousal abuse can request a restraining order very quickly after an arrest. This can make it a crime for the accused to simply go home, see children or collect possessions -- and it can even happen with no notice to the accused. It also makes it a crime to own and carry your otherwise perfectly legal firearms. A conviction for spousal abuse in Florida can mean at least some jail time, a year of domestic violence classes, an even longer no-contact order and more restrictions on your gun rights. These penalties are far too severe for a moment of anger.
Balliro Seltzer is available 24 hours a day and seven days a week, because we understand that legal trouble doesn’t stop when business hours do. To set up a free, confidential consultation with our experienced West Palm Beach spousal abuse lawyers, please send us a message online or call 1-866-ARRESTED toll-free from anywhere in Florida.
