BURGLARY WITH ASSAULT OR BATTERY (F.S. § 810.02(2)(a))
LIFE FELONY REDUCED TO MISDEMEANOR BATTERY — PROBATION TERMINATED EARLY
Escambia County, FL
June 17, 2026
Client, a foreign national lawfully present in the United States on a visitor visa, was charged in Escambia County with Burglary with Assault or Battery (F.S. § 810.02(2)(a)), a first-degree felony punishable by up to life in Florida State Prison. He was held in custody while the case was pending. For a non-citizen the exposure ran well past the prison term: burglary and violent offenses are treated as aggravated felonies and crimes involving moral turpitude under the Immigration and Nationality Act, and a conviction would have meant mandatory detention, removal, and a permanent bar to lawful return.
The State's first written offer was a withhold of adjudication to a lesser burglary offense with 24 months of felony probation, six months of active GPS monitoring, a domestic violence intervention program, random urinalysis at the client's expense, and a series of stay-away conditions. On paper that offer avoided a conviction. In immigration terms it remained a felony disposition on a burglary charge, and it would have bound the client to two years of supervision in a country he had no ability to remain in. The defense rejected it and continued negotiating toward a concrete, mutually workable alternative: reduce the charge to a simple misdemeanor and structure the sentence so that it resolved itself once the client left the country. That gave the State a certain, enforceable resolution and gave the client a disposition he could actually complete. The State agreed. The life felony was amended to misdemeanor Battery under F.S. § 784.03, with adjudication, 12 months of probation, and automatic early termination upon proof of the client's return to his home country. He was released from custody, returned home, and submitted proof of arrival; his probation officer filed the termination paperwork within days. A charge that began as a potential life sentence and permanent removal ended as a completed misdemeanor with supervision closed out in weeks. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.
