.png){kind=spacer}
DOMESTIC VIOLENCE BATTERY — TOUCH OR STRIKE (F.S. 784.03(1)(a)1)
CASE DISMISSED/NOLLE PROSEQUI
Okaloosa County, FL
June 16, 2025
Client was charged in Okaloosa County, Florida with DOMESTIC VIOLENCE BATTERY — TOUCH OR STRIKE (F.S. § 784.03(1)(a)1) — a first-degree misdemeanor that carries up to 1 year in county jail and fines and, when labeled “domestic,” triggers immediate collateral harms (no-contact orders, possible civil injunctions, firearm restrictions, and substantial immigration exposure for non-citizens).This matter became dramatically more urgent when the client, a lawful permanent resident, was taken into ICE custody while the criminal case remained pending. Rather than let detention silence the defense, we used a little-known but effective procedural tool — seeking and documenting a waiver of the client’s personal appearance under Fla. R. Crim. P. 3.180 — so the criminal case could proceed without the client physically present. While the client was in immigration custody we obtained written, signed authorizations and necessary waivers, preserved all material discovery, and filed a motion demanding a jury trial in absentia. That aggressive, trial-ready posture — combined with the practical reality that the client could not be produced for routine court appearances — materially shifted the prosecutor’s calculus.
We also presented the State with the stark real-world consequences a domestic-violence conviction would impose on a lawful permanent resident (risk to status, relief, employment, and family stability) and documented extensive mitigation and procedural concerns the prosecution would face at trial. Faced with a fully prepared defense willing to try the case without the client’s physical presence and the substantial immigration stakes, the Office of the State Attorney filed a NOLLE PROSEQUI, dismissing all charges.
Why this result matters: the dismissal avoided a criminal conviction, spared the client immediate jail risk and fines, and — critically — removed a major immigration vulnerability that a domestic-violence conviction could have created. We achieved this by combining careful procedural work (signed waivers and a motion for trial in absentia), relentless trial readiness, and persuasive, documented mitigation aimed at the prosecutor’s practical decision-making. In short: we protected the client’s liberty and immigrant status by using smart procedure, thorough preparation, and principled pressure on the State.
Past results do not guarantee future outcomes. This summary is general information, not legal advice.