A 52-year old Miami woman was arrested and charged with attempted felony murder for allegedly stabbing her husband repeatedly in the torso and upper arms.
Since the incident occurred between two married people, the incident is classified as domestic violence.
The bond court judge ordered the accused held without bond for the time being. However, a probable cause hearing has been scheduled where the judge will require the state to bring in witnesses in order to prove the allegations set forth in the probable cause affidavit (A-Form).
If the state fails to establish probable cause for the charge of attempted felony murder, the accused may be released on a bond if probable cause exists for a lesser charge.
Domestic violence cases that are serious in nature are typically handled by specialized Domestic Violence Units within the State Attorney's Office. These cases are given special attention since many alleged victims no longer want to cooperate with law enforcement after the arrest has been made.
However, the state of the law permits prosecutors to sometimes proceed in cases where the victim is not on board. It is never safe to assume that a domestic violence case will "go away" simply because the alleged victim does not wish to press charges.
Eric Matheny is a criminal defense attorney representing clients charged with both misdemeanor and felony domestic violence charges in Miami-Dade and Broward.