As they often do when investigating a domestic incident, the police in Port Orange asked Claudia Ambroziak to reenact the battery that brought them out. According to the Daytona Beach News-Journal, before she had completed her demonstration, she was being arrested for battery on a police officer.
Claudia’s husband, Joe Ambroziak had called the police saying his wife kicked him in the back and tried to attack him during an argument. His side of the story was that he placed his right hand around her neck to stop her.
The police arrived at their home on Hoyt Drive around 11 a.m. and began to investigate. As is common, they asked Mrs. Ambroziak to show them how her husband choked her. She put two fingers on the officers neck and was arrested for battery.
Officer Michael Garay wrote in his report, “Claudia was able to place approximately two fingers and her thumb around the front of my neck…was able to apply pressure to the front of my neck.” He then grabbed her hand, “before she was able to apply any more pressure,” and arrested her.
In the end, she was also charged with battery against her husband.
The news report covering the incident said Claudia “jumped off the couch” when asked to reenact the battery, perhaps being a little to enthusiastic as her role of actor. It isn’t clear if she actually hurt the officer, though it’s doubtful considering he didn’t seek medical treatment nor report any injuries.
Asking victims and even possible perpetrators to reenact some aspect of an assault is not uncommon. What is very rare, however, is then arresting them for doing what you asked.
Perhaps more reluctance and less enthusiasm on her part would have saved this particular offender a second charge. If the officers were investigating who to charge in the domestic case, and they found Mrs. Ambroziak to be particularly excited about the event, her pressure on Officer Garay’s neck may have been the final straw in deciding to charge her rather than her husband.
Regardless, she now faces two different violent crime charges and multiple years behind bars.
Domestic battery cases are very common as two people living under the same roof are more likely to get into a confrontation than two strangers on the street. But domestic battery cases carry severe penalties and consequences.
If you are facing domestic battery charges or assault charges in general, we may be able to help. Contact our offices today to discuss the facts of your case and to receive a free consultation.