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Miami Dolphins Receiver Involved In Child Abuse Case

domestic-violence-3-150x120Former Miami Dolphins wide receiver Mark Duper was released from jail Thursday, charged after police say he beat his 17-year-old son during a series of fights at their Jacksonville home.

Duper, who starred for the Dolphins from 1982 to 1992, spent a night in jail after his arrest Wednesday on one count of felony child abuse. He was released Thursday afternoon after posting a $5,000 bail, police in Jacksonville said.

Authorities say Duper attacked his son, Marcus, three times and knocked him out twice.

Former Dolphins defensive end Hugh Green told The Associated Press by telephone that he witnessed the brawls. He said Marcus Duper started the fights, thinking he could “beat his father.” Green and his 18-year-old son had stopped to visit Duper and his son after attending a charity golf outing in Miami earlier in the week.

“I saw Mark defending himself after a young son was defiant,” Green said.

Green said Duper’s wife, the mother of Marcus, died several years ago.

According to Jacksonville police records, the first fight allegedly began when Duper learned his son had sent a threatening text to the teen’s former girlfriend. The younger Duper denied he had done anything wrong. Police said that started an argument between the two that led to fisticuffs.

No date has been set for Duper’s next court appearance (full details, source)

Florida Domestic Violence Laws

Many states have enacted criminal law and family law statutes related to the prevention and prosecution of domestic violence incidents. In Florida, the state offers legal options through both the criminal and civil court systems. For example, state residents can request injunctions, also known as restraining orders, through the Florida family courts.

Florida’s crime laws define domestic violence as specified types of violence committed against a family or household member. In particular, an individual can commit domestic violence against a spouse, ex-spouse, the co-parent of the individual’s child, or a relative related to the individual by blood or marriage. Florida laws also protect against domestic violence occurring between individuals who currently cohabitate or who formerly cohabitated together in the same household.

The types of crimes qualifying as domestic violence under Florida law include assault and aggravated assault, battery and aggravated battery, sexual assault and sexual battery, stalking and aggravated stalking, kidnapping, and others. The criminal offense charged for a domestic violence incident depends on the specific circumstances and events. For example, a threat of physical harm might become an assault charge, while physical contact or injury might become a battery charge. If a prosecutor can establish one of the aggravating factors set by Florida state laws, the state may pursue a charge such as aggravated assault or aggravated battery, which results in prosecution of the offense as a felony and entails a more severe punishment.

Penalties and Sentences

Florida domestic violence laws specifically include a minimum punishment of five days served in county jail. The court can also sentence a convicted offender to a period of imprisonment in Florida state prison. Alternatively, state laws permit the court to decide on a sentence of probation or community service.

Florida Domestic Violence Statute
  • Florida Statutes Sections 741.28-741.31
  • Florida Statutes Section 784.046

State laws are constantly changing. Consult a criminal defense attorney in your area to get facts and accurate information.

Source-Florida Domestic Violence Law

West Palm Beach Domestic Violence Defense Attorney

Domestic violence cases involve charges of assault and battery against a familial relation or a person who lives with you, such as a wife, child, husband, boyfriend, girlfriend, mother, or father. Domestic violence is a first-degree misdemeanor, which would result in a permanent criminal record if you are convicted.

The long-term consequences of a domestic violence conviction can be very serious. Employers routinely conduct background checks of prospective employees and few would want to hire an employee who has a conviction for domestic violence. In Florida, landlords also conduct background checks because they could be liable for a civil lawsuit if they rent to a person with violent tendencies.

Many domestic violence cases can be resolved without a criminal record if your lawyer has you immediately enroll in an anger management program or battery intervention program (BIP) and refrain from harmful contact with the victim. This can result in the charge being dismissed or “nolle prosed” without a conviction or a criminal record.

If you tell us you did not commit the crime, we will fight the charge aggressively. We can investigate the case, take depositions, and get medical records, police reports, CAD reports (which is the information generated between the 911 and the police officer) and the 911 call recordings to find out if this evidence supports the charges.

Charges of spousal abuse and domestic violence are often made because there is a pending divorce or child custody matter. In these cases, lawyer Andrew Stine can set a trial date knowing that either the victim will not show up or can use the evidence from our investigation to impeach the victim.

Being proactive in a domestic violence case can often make the difference between facing a first-degree misdemeanor charge and having the charge dismissed.

Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.

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