Florida Criminal Lawyer Blog

Our West Palm Beach assault criminal defense attorneys were very interested to read last week about the criminal allegations against a Pittsburgh Steelers receiver. The Pittsburgh Post-Gazette reported March 31 that Orlando police will not file charges against Santonio Holmes for an alleged attack on Anshonae Mills. Mills is a 21-year-old college student who sued Holmes in March, alleging that he threw a glass at her. Her lawsuit also names the owner of the Orlando nightclub Rain, where the incident happened, for failing to protect her. The lawsuit claims Holmes offered to pay Mills to keep quiet and pressured her, along with club security officers, not to file charges.

Holmes denies all of the claims made by Mills. In fact, they gave conflicting stories on the night of the March 7 incident. Holmes and Mills argued over a seat at the VIP lounge of the nightclub. Holmes said he stepped away and found his seat occupied by Mills, who refused to give it up, grabbed his wrist and used a racial slur. He says another woman threw the glass at Mills, while Mills says Holmes himself threw the glass. The police report and the lawsuit both say the glass cut Mills on her cheek, below her eye. The police report further says that when the officer said he would file charges against Holmes, Mills asked to speak to him alone, smiled and rubbed his face before returning and giving a handwritten statement declining to file charges.

As Fort Lauderdale battery criminal defense lawyers, we believe it’s important that the Orlando police have declined to pursue any criminal charges in this incident. When officers drop a case, typically, it’s because they believe they don’t have enough evidence to get a conviction in court. The standard of proof is higher in criminal cases than it is in civil cases; “beyond a reasonable doubt” rather than “a preponderance of the evidence.” That’s important because a wrongful criminal conviction might send someone to prison. However, it means that people who aren’t satisfied with the criminal justice system have an opportunity to try again through a lawsuit. In this case, we suspect that law enforcement has good reason for not pursuing the criminal case. When the civil case goes before a jury, the attorneys for Holmes will undoubtedly make a note of that decision.

Continue reading "Orlando Police Decline to File Charges Against Steelers Player Being Sued for Assault" »

An unusual Valentine’s Day story caught the attention of our Miami assault and battery criminal defense attorneys. A Feb. 16 article in the South Florida Sun-Sentinel says a man was arrested Sunday for attacking a couple celebrating Valentine’s Day. The unidentified man and woman said Larry Bert Sexton, 37, broke into their house and attacked both of them with his fists. Sexton and an unnamed acquaintance said they saw the man beating up the woman and tried to help. Law enforcement in St. Lucie County apparently sided with the couple, charging Sexton with two counts of battery, impersonating an officer and burglary of an occupied dwelling.

The incident happened around 4 a.m. early on Feb. 14. According to the newspaper, the man said he arrived at the home with flowers and carried the woman inside. About ten minutes later, he said, Sexton kicked down the door and announced that he was a sheriff’s deputy. Sexton then threw a punch that missed, followed the man into a bedroom and began punching him. The woman tried to pull Sexton away from the fight, but Sexton turned and began strangling her. After the fight, Sexton went into a house across the street. Sexton told police he and a resident had been watching the couple from that house. He said he saw them in an argument that turned violent; his companion said they saw a man beating up a woman. Police found no evidence to support that, the article said.

As West Palm Beach battery criminal defense lawyers, we are not so sure. The article doesn’t have enough detail to show who was telling the truth, but it’s easy to see another side to the story. For one thing, it’s a sad truth, and well-known to law enforcement, that victims of domestic violence often side with their abusers. If the man truly was beating the woman, it’s not unlikely that she would try to help cover it up after the fact, and even try to defend him from Sexton. The police said they found no evidence of a fight, but the fight with Sexton may have covered up evidence of a previous fight. While it was illegal for Sexton to lie about being a sheriff’s deputy, he may have been trying to scare the man. And if there was no intent to batter the couple or commit any other crime, the burglary charge is legally bogus and must be dropped.

Continue reading "Treasure Coast Man Arrested for Assault in Alleged ‘Good Samaritan’ Incident" »

Police investigators are looking into the fatal shooting of a tourist from Virginia by Miami Beach police over the weekend, the Miami Herald reported June 15. Family members of 29-year-old Husien Shehada of Woodbridge, Virginia, said officers mistook Shehada for a suspect when they shot him at 4 a.m. on Sunday morning, right after he’d left a club. His brother, Samer Shehada, was arrested for battery in the same incident. Miami Beach police declined to comment, saying the incident was being investigated by its internal affairs unit.

According to the Herald, police received a call about an armed man walking near the intersection of Washington and 15th Streets. When they went to investigate, they spotted Husien Shehada in the area. It’s unclear what happened next, but after a confrontation, Husien Shehada had been shot. He later died in a hospital trauma center. His brother Samer Shehada, a 31-year-old engineer, was charged with battery for unspecified actions. Their cousin, Najwa Ghannam, wrote to the Miami Herald to say that Husien Shehada was unarmed and “didn’t stand a chance” against officers.

As Fort Lauderdale criminal defense attorneys, we understand that police officers have a tough job to do, especially in an area where alcohol and drugs can make suspects’ behavior erratic. And of course, we don’t have very many facts from this article. However, the facts we do have make us wonder how many questions the police asked before they opened fire. If Shehada was really unarmed, as his cousin said, it’s hard to see what might have made the officers feel threatened. As for the battery charge against Samer Shehada, it could easily stem from attempts to protect his younger brother. Remember, Florida law defines battery as any intentional, unwanted touching, which means something as simple as throwing an arm between the officer and his brother could have led to the charge.

Our Fort Myers criminal defense lawyers also noticed that the Shehadas and their cousin all have names that suggest that they are Muslims, and possibly (though not necessarily) of Middle Eastern descent. We cannot help but wonder how that might have factored into the case. Racism and prejudice are still out there, and it’s possible that they affected the police officers’ judgment in this situation. They could also have affected the Shehadas, if too many bad experiences made them suspicious of the officers’ motives for stopping them. Either one could have helped escalate this apparent misunderstanding into a tragedy.

The South Florida criminal defense law firm of Balliro, Galasso, Leskovich & Seltzer represents people facing serious criminal charges like these. Assault and battery are considered violent and serious crimes, especially against a police officer -- but BGL&S will work to ensure that our clients get the fairest treatment and trial possible. Our Naples assault and battery criminal defense lawyers examine each new case carefully to find mistakes, weak spots and civil rights violations that can get the case dismissed or the charges substantially reduced. If appropriate, we can also negotiate a plea deal with penalties that better fit the situation. However, our West Palm Beach assault and battery defense attorneys have taken hundreds of cases to trial and are not afraid to do it again, if necessary to protect our clients’ rights.

If you or someone you love is facing criminal charges in South Florida, BGL&S can help right away. For a free, confidential consultation, call us toll-free at 1-866-ARRESTED from anywhere within Florida, any time of the day or night, or contact our firm online.