Battery Charges Dismissed After a Beach AltercationPublished: May 18, 2016 by Erika Valcarcel
Not long ago, a young father became involved in a tough, but easily relatable situation that unfortunately led to criminal charges, when he took his wife and their two young children to the beach. Their family outing was quickly interrupted by a religious group that was using the popular destination as an opportunity to preach through megaphones. Evidently, the group’s message included some sensitive topics that began upsetting the man’s small children, and in an effort to protect them, he asked members of the group to tone down their fire and brimstone sermon, but they refused. After they declined his request, a small tussle ensued, which led to one of the group’s megaphones being smashed on the ground, and the man found himself charged with battery. The man was rightfully concerned because battery charges are considered a first-degree misdemeanor and if convicted, he’d face a possible jail sentence or probation in addition to having a permanent criminal record. The man did not want to see this transgression complicate his and his family’s lives any further, so he contacted a Sarasota criminal defense attorney with Erika Valcarcel, Criminal Defense Lawyer, P.A. for suitable representation.
Attorney Erika Valcarcel began working on the man’s behalf and after discussing the case with the assigned prosecutor, it became apparent, the prosecutor’s office wanted to pursue a conviction and a term of probation as the man’s penalty. Not believing this was appropriate considering the man’s history or the circumstances surrounding the incident, attorney Valcarcel continued negotiations and effectively convinced the prosecution to agree to dismiss the battery charge based on his completion of a Pretrial Intervention (PTI) Program, a community service requirement, and a one-day anger management class. Once these conditions were met, the man was also happy to learn that he’d become eligible for a total expungement of the battery charges, allowing him to easily move on after this incident without permanent harm being done.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.