BATTERY — CAUSE BODILY HARM (F.S. § 784.03(1)(a)2) (2 COUNTS)
ALL CHARGES DISMISSED (NOLLE PROSEQUI)
Escambia County, FL
April 9, 2026
Client, a non-citizen with Temporary Protected Status (TPS) and an active immigration detainer, was charged in Escambia County with two counts of Battery — Cause Bodily Harm (F.S. § 784.03(1)(a)2), each a first-degree misdemeanor carrying up to 1 year in the county jail. Beyond the immediate criminal exposure, the stakes for this client were existential. A battery conviction for a non-citizen — even one count, even with a withholding of adjudication — can be treated as a Crime Involving Moral Turpitude (CIMT) under the Immigration and Nationality Act and trigger removability under 8 U.S.C. § 1227(a)(2)(A). For a client with TPS and an active ICE hold, a conviction would have meant near-certain loss of TPS protection, mandatory immigration detention, and the substantial probability of removal from the United States to [REDACTED]. Two battery counts compounded the exposure: prosecutors view dual charges as evidence of a pattern, plea offers escalate accordingly, and any plea on either count would have triggered the immigration consequences. The defense had to neutralize both counts and avoid any disposition that could be treated as a conviction for immigration purposes.
The defense team treated this case as a crimmigration emergency from intake. We immediately secured all available evidence — law enforcement narratives, body-worn camera footage, witness statements, and victim input forms — and conducted independent investigation into the circumstances of the underlying allegations. We identified material inconsistencies in the alleged victims' accounts, contradictions between contemporaneous statements and later sworn declarations, and evidentiary issues that undermined the State's ability to prove the specific elements of each battery count beyond a reasonable doubt. We presented a comprehensive defense memorandum to the State Attorney's Office and made clear that the defense was trial-ready on both counts. After sustained pretrial advocacy, the State Attorney's Office entered a Nolle Prosequi on both counts — a complete dismissal. The client emerged with no criminal conviction of any kind, preserved TPS protection, avoided any disposition that could be treated as a CIMT conviction under federal immigration law, and retained full eligibility to seal or expunge the arrest record. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.