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BATTERY — TOUCH OR STRIKE (F.S. § 784.03(1)(a)1)
CASE DISMISSED (NOLLE PROSEQUI)
Escambia County, FL
March 12, 2026
Client, a non-citizen with an active immigration detainer, was charged with Battery — Touch or Strike (F.S. § 784.03(1)(a)1), a first-degree misdemeanor carrying up to 1 year in the Escambia County Jail and up to a $1,000 fine. Beyond the immediate criminal exposure, a battery conviction for a non-citizen triggers severe immigration consequences under federal law, including mandatory detention by Immigration and Customs Enforcement (ICE), potential deportation proceedings, and permanent bars to future lawful immigration status. The alleged victim consistently maintained that the incident arose from a [REDACTED] and did not want the prosecution to continue. The client had been [REDACTED] at the time of arrest and faced the compounding reality that even a misdemeanor conviction could result in permanent removal from the United States and separation from [REDACTED] family members who depended on the client's presence. The defense team recognized early that the stakes extended far beyond the courtroom — this was not merely a misdemeanor battery case, but a fight to preserve the client's ability to remain in the country.
From the outset, the defense team treated this case with the urgency demanded by the intersection of criminal and immigration consequences. We immediately secured a sworn Drop Charges Affidavit from the alleged victim, who attested under oath that she did not want the prosecution to continue and that the incident had been [REDACTED]. The defense coordinated with the client's immigration counsel to ensure that the criminal defense strategy aligned with the broader immigration objectives — specifically, avoiding any conviction that could be classified as a Crime Involving Moral Turpitude (CIMT) or an aggravated felony under the Immigration and Nationality Act. Through persistent advocacy with the State Attorney's Office, detailed written correspondence outlining the evidentiary deficiencies, and presentation of the victim's sworn statement, the prosecution ultimately dismissed all charges via Nolle Prosequi — a complete dismissal that preserved the client's immigration relief options, avoided the catastrophic consequences of a criminal conviction, and allowed the client's immigration case to proceed without the specter of a pending criminal matter. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.