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DOMESTIC BATTERY — TOUCH OR STRIKE (F.S. 784.03(1)(a)1)
12 MO PTD, NOLLE PROSEQUI
Santa Rosa County, FL
April 11, 2025
This matter began with a family disturbance on December 27, 2024, at an apartment complex along Gulf Breeze Parkway in Santa Rosa County. Santa Rosa deputies — including LE Deputy Nicholas Palm Pruse (reporting officer), LE Sgt. Alvin Bicasan, and LE Deputy J. Younghansé — responded after a call for a domestic disturbance. The on-scene report documents an altercation inside a residence, EMS treatment for a seizure observed at the scene, and visible injuries consistent with a physical confrontation. Based on witness statements and the deputies’ observations, a warrant affidavit was submitted and the defendant was charged with domestic-violence battery (touch or strike). Domestic battery charged under F.S. § 784.03(1)(a)1 is typically prosecuted as a first-degree misdemeanor, carrying up to 1 year in county jail and up to a $1,000 fine. When the conduct is prosecuted under a domestic-violence theory it also triggers immediate collateral consequences — no-contact conditions, possible civil injunctions, and long-term harms to employment, housing, and reputation even where jail time is not imposed.
From intake we treated the file as a trial-level matter. Our team preserved and reviewed body-worn video and EMS/provider notes, obtained the deputies’ narrative and witness statements, and developed a factual record focused on context, medical factors, and inconsistencies in the initial allegations. We vigorously tested the State’s proof on identity, timing, and force, while assembling mitigation that explained family dynamics and medical circumstances observed at the scene (including the seizure/medical response). Importantly, we signaled — consistently and publicly — that the defense was fully prepared to try the case rather than accept a weak negotiated outcome.
Resolution:
Although the defense was prepared to take the matter through a full jury trial if necessary, the client elected Pretrial Diversion (PTD) as the path to resolution. After the client completed the PTD requirements, the State filed a Nolle Prosequi and the case was dismissed. That outcome avoided a criminal conviction, the statutory penalties noted above, and the significant collateral consequences that flow from a domestic-violence battery adjudication.
Why this matters:
This result demonstrates the effect of pairing rigorous, trial-level readiness with a realistic, client-centered resolution plan: by preparing to litigate every element we preserved leverage at the negotiating table, allowing the client to choose a diversionary pathway that ultimately led to dismissal and protection of future opportunities.
ARREST REPORT MERRICKS
Past results do not guarantee future outcomes. This summary is general information, not legal advice.