Friday, May 22, 2015

MI Woman Arrested 4 Domestic Violence for Biting Off Part of Boyfriend's Ear ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Meet 32 y/o Danielle Nebelung (that's her mug shot below)...

On March 8, 2014 Danielle, either mistaking her boyfriend for Evander Holyfield or in a fit of rage allegedly "over bills", gave an A+ Mike Tyson impersonation when she jumped on her boyfriend's back and bit off part of his ear in the home that they then shared in Macomb County, MI.

Danielle and beau, 37 y/o Anthony Caruso, had returned home from the Waldenburg Bar in Macomb on the night of the incident when they allegedly "began arguing over bills"  Reports as to what happened differ (Tyson, er Danielle, claims that she acted in self-defense, defending herself against Holyfield's, er Caruso's "unwanted advances" when she bit off the top of his ear in their bedroom and Holyfield, er Caruso claimed that his then-girlfriend had lashed out at him simply over the argument, punching him in the face and head, before jumping on his back and gnawing off the top of his ear, further describing Tyson, er Danielle as "dangerous", having bitten off his ear "like a dog", his having "begged her three times to let go (of my ear). On the third time she ripped it off like a dog" and, Holyfield, er Caruso, the person who called 911, added that Tyson, er Danielle had smiled at him following the attack) but it is incontroverted that A) the police responded to Holyfield, er Caruso,s 911 call at 2.45am, B) that the police found a piece of Caruso's ear lying inside their home and C) that Holyfield, er Caruso was transported to the hospital, with the recovered bit-off piece of ear, and that the same was stitched back onto his ear.

Tyson, er Danielle was arrested for acts of domestic violence and was charged with a felony count of "assault with intent to main" and a misdemeanor aggravated assault count. Additionally, Holyfield, er Caruso has also sued Tyson, er Danielle civilly seeking monetary compensation for his personal injuries.  

On Friday, May 15th, 2015 Tyson, er Danielle was sentenced to two (2) years of anger management classes after pleading no contest to a reduced misdemeanor charge of domestic violence.  In exchange for the plea, the judge dismissed both of the original charges (felony assault with intent to maim and a misdemeanor aggravated assault). Tyson, er Danielle was also told she must have no contact with her now-ex boyfriend and she is also required to undertake random drug testing.  And there you have it folks, the face of cra cra....

Memo to the Folks about DV cases in Florida:   Domestic Violence (DV) cases present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who's lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator. 

For these reasons, in FL DV cases Defendant's suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to "force" all victim's to "help themselves" (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for "cutting loose" the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring). 

These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim's are afforded special protections, are required to be evaluated (if only by responding officers who have a DV "checklist") and are required to be provided information about alternatives to returning to "life" with the alleged perpetrator 

Fortunately, in many cases, and particularly those where the offense did not result in any serious injury and ultimately amounted to an unfortunate but otherwise understandable incident, there are a few ways to try to effect the State's decision to prosecute. The best advise that your husband is going to get on a given case is to find himself a local criminal defense attorney (in his case in the 305 area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible. 

As for you, in Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you do not wish to cooperate with the State then you are entitled to have them consider your wished. 

In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute. If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate. 

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim's rights advocates. 

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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