BURGLARY WITH BATTERY (F.S. § 810.02(2)(a))
CASE DISMISSED (NOLLE PROSEQUI)
Santa Rosa County, FL
November 13, 2025
Client was charged in Santa Rosa County with Burglary with Assault or Battery (F.S. § 810.02(2)(a)), a first-degree felony carrying up to life in Florida State Prison. This is one of the most serious charges in the Florida criminal code — classified as a Level 7 offense on the Criminal Punishment Code scoresheet, it carries a presumptive prison sentence under Florida's sentencing guidelines. The charge alleged that the client [REDACTED] entered a [REDACTED] dwelling and committed a battery upon the [REDACTED] occupant. The prosecution's theory was based primarily on [REDACTED] statements from the alleged victim, and the State initially adopted an aggressive posture, seeking the maximum penalties. The client faced the very real prospect of decades in state prison and a permanent felony record for a violent offense.
The defense team launched an aggressive pretrial campaign from the moment of retention. We conducted an exhaustive independent investigation, including [REDACTED] witness interviews, analysis of physical evidence, and examination of the alleged victim's prior inconsistent statements. Through sustained, trial-ready pressure on the prosecution — including filing pretrial motions, conducting depositions, and persistently challenging the State's ability to prove each element of the burglary beyond a reasonable doubt — we exposed critical weaknesses in the prosecution's case. Specifically, [REDACTED] evidence contradicted key aspects of the alleged victim's account, and the State's ability to prove the unauthorized entry element was undermined by [REDACTED]. Faced with a defense that had systematically dismantled the evidentiary foundation of their case and was prepared to go to trial, the State Attorney's Office entered a Nolle Prosequi — a complete dismissal of all charges. The client walked free, avoided a potential life sentence, and preserved a clean criminal record. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.