Miami Criminal Lawyers Blog

The arrest of Tony McDaniel following an altercation with his girlfriend on February 7 did not come as a surprise to the couple's friends, who were familiar with a history of domestic violence disputes between the couple.  The Miami Dolphin defensive tackle was arrested after the couple's friends, who witnessed the altercation, said the couple argued and McDaniel threw his girlfriend Alaina Smith aside snatching her phone and smashing it to the ground.

McDaniel told police that Smith was mad that he had arrived home in the early morning after a night of clubbing.  He claimed Smith slapped and scratched him.  He also claimed he used his forearms to block her blows and stop the attack.  He had scratches on his hands and fingers. 

Smith's version of the February 7 events was that she arrived home from buying breakfast for houseguests when McDaniel became upset that she had not answered the phone when he called her.  She claimed he grabbed her purse and shoved her to the ground where she hit her head as they wrestled for her purse.  She says she ran in the house and asked her houseguests to call 911.  She told police that when she came back outside that McDaniel took her purse and smashed her cell phone on the ground.  Smith declined medical treatment, and police did not see any evidence of head injuries, though she had scratches on her fingers.

The February 7 incident was foreshadowed by prior altercations between the couple.  In November, Smith and other guests called police about a physical altercation between the couple.  Smith claimed that McDaniel pushed her and grabbed her as she tried to climb some stairs.  McDaniel claimed that Smith smacked him in the face because he had come home from a night of clubbing in South Beach.  Smith also called the police on October 17 and told them she was afraid that McDaniel was going to lock her out of the home.

McDaniel was arrested on a misdemeanor battery charge as a result of the February 7 incident but was released the following day after posting $3500 bond.

 

 

Continue reading "History of Domestic Disputes between Miami Dolphin Tony McDaniel and Girlfriend Foreshadowed Player's Arrest " »

Women are far more likely than men to be the victims of certain crimes. Although men are more likely to be involved as the perpetrators of most types of crimes generally - including violent crimes - who the victims are varies widely. Simple assault and battery, for example, might be more likely to be between men who do not know each other well, like two men in a bar fight. Women are less likely to be involved in a fight under those circumstances, but more likely to commit larceny or shoplifting. Additionally, women tend to comprise the vast majority of victims of domestic violence and sexual violence against adults.

Domestic violence can occur between any group of people living together in a romantic or familial environment. Although most people think of domestic violence as a phenomenon that occurs exclusively between couples, that is not always the case. A daughter who lives with her parents could commit domestic battery against her mother, just as her mother could commit domestic battery against the father. Although organizations and advocates for women have illuminated the often-secret issue of domestic violence within homes, the crime still occurs and the overwhelming majority of its victims are women. The disputes frequently, although certainly not always, involve the use of alcohol or drugs in the home. Florida law now requires law enforcement officers to separate the individuals involved in the dispute, which typically means that one person goes to jail for the night.

Women are also the victims of most crimes of sexual violence against adults. Rape and other forms of sexual battery are usually committed against women. Despite a tremendous shift in social attitudes, many female victims still feel afraid to contact police regarding their experiences. Changes in the law over the last 20 to 25 years have made courtrooms more favorable to female victims. Florida and other states have enacted "rape shield" laws that prevent criminal defense attorneys from eliciting inflammatory testimony from rape victims. Testimony about the victim's chastity or her prior sexual relationships are no longer deemed to have any bearing on whether or not she was raped in this particular case, as attitudes about women have changed.

If you have been arrested for domestic violence, sexual battery, or any other crime in Florida, contact the Miami criminal lawyers at Musca Law to discuss the particular factual and legal issues of your case.

When Glades County Sheriff Officers were dispatched to a domestic violence call, the female resident made fierce allegations against her ex-boyfriend. She claimed he had come to her house to pick up their 1 year old son and they got into an argument. The dispute caused his temper to flair and she said he hit her in the face, leaving her lip swollen and cut. After striking her he took their son and left. The police searched the area and could not find him. Two days later they received a call from the woman letting them know the suspect would be returning to her home with their son. The police returned to her apartment, arrested her ex-boyfriend and transported him to Glades County Jail. He was charged with Battery Causing Bodily Harm and a No Contact Order-except child visitation, was issued.

The accused, a Mexican citizen with poor English comprehension, told the police he could not understand them. The 29 year old construction worker had no prior history of domestic violence. He had known the woman for six years and they owned a home together. When their relationship fell apart, she moved out and was currently living with another man. They agreed that he would remain living in the home and he had visitation rights with their child.

Domestic disturbance calls frequently result in the police removing and arresting the husband, ex-husband or boyfriend. Especially in cases where the couple does not live at the same residence, police make an arrest on domestic charges in order to diffuse a situation and prevent further problems. Even in acts of self defense, police are more likely to see a man as the aggressor.  A conviction of domestic battery can create problems in getting and maintaining a job. It is important to retain experienced lawyers to fight allegations of domestic violence.

The attorneys at Musca Law act immediately to investigate what happened during domestic dispute arrests, in order to formulate an aggressive defense to unwarranted charges. As a former prosecutor, Attorney John Musca understands how these cases are processed, and leads his team of experienced Miami criminal attorneys with insight on what needs to be done to have the charges reduced, or dismissed by the prosecutor. Attorney Musca speaks fluent Spanish and has attended international language and legal studies overseas at the world-renowned "Instituto Internacional" in Madrid, Spain. Clients with language barriers feel comfortable retaining John Musca as their lawyer.

The defendant claimed he was attacked by his ex-girlfriend and she scratched his face. He said she called him constantly leaving threatening messages. On one occasion she violently attacked him and tore his shirt. After the arrest she left messages on his answering machine flaunting that she had him arrested intentionally. On the tapes she admitted that she scratched him on the face before he hit her. During depositions it was evident that she had changed her story to the police. In situations of "he said, she said", having documentation of what happened helps establish actions of self-defense, or that the allegations are false. It benefited our client that he did not erase the threatening phone messages his ex-girlfriend had made. In light of the supportive evidence presented in the defense of our client, the Court dismissed the case for insufficient evidence.