BURGLARY WITH ASSAULT OR BATTERY (F.S. 810.02(2)(A))
CASE DISMISSED (NOLLE PROSEQUI)
Escambia County, FL
September 4, 2025
Client faced high-stakes felony allegations in Escambia County, including Burglary with Assault or Battery (F.S. § 810.02(2)(a)), a first-degree felony punishable by up to life in Florida State Prison, along with additional charges of [REDACTED] Grand Theft of a Motor Vehicle, Criminal Mischief, and Battery. The combined charges represented massive criminal exposure — the burglary count alone scored as a Level 7 offense on the Florida Criminal Punishment Code, carrying a presumptive prison sentence. The prosecution alleged a [REDACTED] incident involving unauthorized entry into a [REDACTED] dwelling, a physical altercation with the [REDACTED] occupant, and the taking of a motor vehicle. The case was aggressively prosecuted, with the State seeking significant incarceration. The client — a [REDACTED] individual with [REDACTED] — faced the very real possibility of spending years, potentially decades, in state prison.
The defense team treated this case as if it were going to trial from day one — systematically attacking the State's proof, challenging witness credibility, and deconstructing the legal basis for every charge. We conducted an exhaustive independent investigation, including [REDACTED] witness interviews, forensic analysis of the [REDACTED] physical evidence, and a detailed challenge to the State's theory regarding the [REDACTED] unauthorized entry element of the burglary charge. Our analysis revealed that [REDACTED] and that the alleged victim's credibility was significantly undermined by [REDACTED] prior inconsistent statements and [REDACTED]. Through sustained pretrial litigation, aggressive deposition practice, and unwavering preparation for trial, we exposed fatal weaknesses in the prosecution's case across every charge. The State Attorney's Office entered a Nolle Prosequi — a complete dismissal of all charges, including the life felony burglary count. The client was spared a potential life sentence and walked away with no conviction and a clean record. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.